New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991 - SECT 25P

25P Secretary may make order prohibiting conduct of fundraising appeal

(1) The Secretary may, by order in writing given to a person or organisation conducting or proposing to conduct a fundraising appeal, prohibit the conduct of the fundraising appeal, if the Secretary is satisfied that--

(a) it is likely that the provisions of this Act or the regulations or the conditions of an authority have not been, or will not be, complied with in relation to the fundraising appeal, or

(b) it would otherwise be against the public interest for the fundraising appeal to be conducted.

(2) A person must not fail to comply with an order given to the person under this section.

: Maximum penalty--50 penalty units.

(3) If an organisation fails to comply with an order given to the organisation under this section, 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.

(4) A person, or a trustee or member of the governing body of an organisation, given an order under this section may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision by the Secretary to make the order.

(5) An order may be given whether or not a compliance notice has been given to the person or organisation under this Part.