New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991 - SECT 41B

41B Appointment of public inquirers to conduct public inquiries

(1) The Minister may appoint a qualified person to conduct a public inquiry into the following--

(a) any person or organisation that--

(i) is conducting or has conducted, or is participating or has participated in, a fundraising appeal, or

(ii) the Minister has reason to believe is conducting or has conducted, or is participating or has participated in, a fundraising appeal,

(b) any other person, organisation or matter associated with fundraising appeals.

(2) The Minister may appoint a public inquirer only if the Minister and the Premier consider that it is in the public interest for a public inquiry to be conducted.

(3) A person is a
"qualified person" only if the person holds or has held office as--

(a) a Judge of the Supreme Court of the State or any other State or a Territory, or

(b) a Judge of the Federal Court of Australia, or

(c) a Justice of the High Court.

(4) However, a person is not a qualified person if the person is a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth.