New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991 - SECT 41

41 Recovery of certain expenses

(1) If the Minister so directs, the whole or any part of the expenses incurred by the Auditor-General in or in connection with the exercise by the Auditor-General or a member of the Auditor-General's staff of any of the functions of an authorised officer in relation to a particular organisation is payable by the organisation and recoverable from the organisation by the Auditor-General as a debt in a court of competent jurisdiction.

(2) If the Minister so directs, the remuneration of and any expenses incurred by an authorised officer or public inquirer (or their agents) who is not an employee of the Crown are, where the remuneration and expenses are referable to the exercise of any of the functions of the officer or inquirer under this Act in relation to a particular person or organisation, payable by the person or organisation and recoverable in a court of competent jurisdiction as a debt due to the Crown.

(2A) In addition to the Minister's powers under subsections (1) and (2), the Minister may direct that the costs of an inquiry under Part 3 or a public inquiry are payable by 2 or more persons or organisations in the proportions that the Minister considers appropriate. The costs are payable by those persons or organisations in the proportions directed and are recoverable from each of them in a court of competent jurisdiction as a debt due to the Crown.

(2B) Subsection (2A) extends to--

(a) an inquiry under Part 3 that began (but was not completed) before the commencement of the subsection, and

(b) if an inquiry began under Part 3 and then became a public inquiry--the costs of both the inquiry under Part 3 and the public inquiry.

(3) The amount recoverable from a person or organisation under subsection (1) is an amount certified by the Auditor-General to be the amount so recoverable.

(4) The amount recoverable from a person or organisation under subsection (2) is an amount certified by the Minister to be the amount so recoverable.

(5) If the organisation concerned is an unincorporated organisation, the trustees or persons who are members of the governing body of the organisation are jointly and severally liable for any debts of the organisation under this section.

(6) When deciding whether to direct a person or organisation to make payments under this section, the Minister must take into account the financial viability of the person or organisation.