New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991 - SECT 25M

25M Compliance notices

(1) This section applies if an authorised officer reasonably believes that a person or organisation conducting or proposing to conduct a fundraising appeal--

(a) is contravening a provision of this Act or the regulations or a condition of an authority, or

(b) has contravened a provision or condition in circumstances that make it likely that the contravention will continue or be repeated.

(2) The authorised officer may give the person or organisation a written notice (a
"compliance notice" ) requiring the person or organisation to--

(a) remedy the contravention, or

(b) prevent a likely contravention from occurring, or

(c) remedy the things or operations causing the contravention or likely contravention.

(3) A compliance notice must state--

(a) the grounds on which the notice is given, including the particular contravention or contraventions on which the notice is based, and

(b) the day by which the person or organisation is required to comply with the notice.

(4) A compliance notice may include directions as to the measures to be taken to remedy the contravention or prevent the likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates.

(5) The day specified for compliance must be reasonable in all the circumstances.

(6) A person to whom a compliance notice is given must comply with the notice within the period specified in the notice.

: Maximum penalty--50 penalty units.

(7) If an organisation fails to comply with a compliance notice, each trustee or other person who was a member of the governing body of the organisation at the time of the failure is guilty of an offence if the trustee or person knowingly authorised or permitted that failure to comply.

: Maximum penalty--50 penalty units.