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CHARITABLE FUNDRAISING ACT 1991 - SECT 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.
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