New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991 - SECT 5

5 Meaning of "fundraising appeal"

(1) For the purposes of this Act, the soliciting or receiving by any person of any money, property or other benefit constitutes a fundraising appeal if, before or in the course of any such soliciting or receiving, the person represents--

(a) that the purpose of that soliciting or receiving, or

(b) that the purpose of an activity or enterprise of which that soliciting or receiving is a part,

is or includes a charitable purpose.

(2) It does not matter whether the money or benefit concerned is solicited or received--

(a) in person or by other means (such as by post, telephone or electronic means), or

(b) as a donation or otherwise (such as by participation in a lottery, art union or competition; by sponsorship in connection with a walkathon, telethon or other similar event; in connection with the supply of food, entertainment or other goods or services; or in connection with any other commercial undertaking).

(3) The following do not, however, constitute a fundraising appeal for the purposes of this Act--

(a) a request for, or the receipt of, an amount required in good faith as the fee for renewal of membership of an organisation,

(b) an appeal by an organisation to (or the receipt of money or a benefit from) members of the organisation,

(c) a request that any property be devised or bequeathed, or the giving of any information as to the means by which any property may be devised or bequeathed,

(d) an appeal conducted exclusively or predominantly among persons sharing a common employer or place of work by one of those persons (being an appeal for a charitable purpose connected directly with another of those persons or any such other person's immediate family) and the receipt of money or a benefit from any such appeal,

(e) an appeal to (or the receipt of money or a benefit from) any Commonwealth, State or local government authority,

(f) anything prescribed by the regulations.