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s 19B

Director may refuse registration in certain cases

In force
Part 3Provisions applying to particular fundraising appeals only
Division 2Registration of fundraisers

19B Director may refuse registration in certain cases

(1)

The Director may refuse to register a person as a fundraiser if, in the opinion of the Director—

(a)

the application for registration contains false or misleading information; or

(b)

there are significant omissions in the application for registration or the application is incomplete in a significant way; or

(c)

the explanation of why the consent of a beneficiary of an intended appeal has not been supplied is not adequate or satisfactory; or

(d)

in the case of an intended appeal on behalf of a class of beneficiary, the description of the class is too vague, or the class is insufficiently identified.

(2)

The Director may refuse to register a person as a fundraiser if any person named in the application as an appeal manager is not, in the opinion of the Director, a fit and proper person to be associated with a fundraising appeal.

(3)

The Director may refuse to register a person as a fundraiser if any associate of the person—

(a)

is an insolvent under administration or is an externally-administered body corporate; or

(b)

has been found guilty of a disqualifying offence within the 10 years immediately before the application for registration was lodged; or

(c)

is not, in the opinion of the Director, a fit and proper person to be associated with a fundraising appeal; or

(d)

was an appeal manager for a fundraising appeal within the 10 years immediately before the application for registration was lodged that was conducted by a person who was found guilty of a disqualifying offence within that period.

(4)

The Director may refuse to register a person as a fundraiser—

(a)

if the application for registration is submitted less than 28 days before the date the person intends to start conducting a fundraising appeal; or

(b)

if the person complies with section 18B, if the Director is of the opinion that there are no special circumstances.

S. 19C inserted by No. 70/2001 s. 10, amended by No. 2/2009 s. 12 (ILA s. 39B(1)).

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