New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991 - SECT 25Q

25Q Secretary may prohibit person or organisation from conducting fundraising appeals

(1) The Secretary may, by order in writing given to a person or organisation, prohibit the person or organisation from conducting any fundraising appeals for a period not exceeding 2 years after the order is given to the person or organisation, if the Secretary is satisfied that the person or organisation--

(a) has persistently failed to comply with the provisions of this Act or the regulations or the conditions of an authority, and

(b) is likely to continue to do so.

(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 offence 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.