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s 23AE

Conditions on deemed registration

In force
Part 3Provisions applying to particular fundraising appeals only
Division 2AACommonwealth registered entities

23AE Conditions on deemed registration

(1)

At any time after receiving a notice under section 23AB, the Director may impose or vary a condition on a deemed registered fundraiser in relation to the conduct by the deemed registered fundraiser—

(a)

of fundraising appeals generally; or

(b)

of any fundraising appeal being conducted, or to be conducted, by the deemed registered fundraiser.

(2)

The Director may impose a condition that has immediate effect if, in the opinion of the Director, there is a significant risk that an act or omission may occur that is significantly contrary to the public interest if the condition did not take effect immediately.

(3)

Unless subsection (2) applies, the Director—

(a)

must give the deemed registered fundraiser a written notice—

(i)

setting out the conditions the Director wishes to impose or vary and the reasons why the Director wishes to impose or vary the conditions; and

(ii)

inviting the deemed registered fundraiser to comment on the proposed conditions within a time specified in the notice; and

(b)

must consider any comments made by the deemed registered fundraiser within the specified time.

(4)

The Director must not specify a period of less than 7 days in a notice given under subsection (3)(a).

(5)

If the Director decides to impose or vary a condition after considering any comments, the Director must give the deemed registered fundraiser a second written notice setting out the conditions and stating that the conditions apply from the date specified in the notice.

(6)

For the purposes of subsection (5), the Director must not specify a date before the date on which a notice under that subsection is given to the deemed registered fundraiser.

(7)

The Director may impose or vary a condition in a notice given under subsection (5) that differs from the conditions set out in a notice given under subsection (3)(a) if—

(a)

the differences result from complying with any comments made under subsection (3)(b); or

(b)

the differences are of a minor nature.

(8)

Any guidelines issued under section 19C apply to conditions imposed under this section on a deemed registered fundraiser.

(9)

Section 23A applies to a deemed registered fundraiser as if—

(a)

a reference to a registered fundraiser were a reference to a deemed registered fundraiser; and

(b)

a reference to section 19C or 23 were a reference to this section.

(10)

The Director, by written notice to the deemed registered fundraiser, may revoke any condition imposed under this section.

S. 23AF inserted by No. 47/2019 s. 37.

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Section 23AE — Conditions on deemed registration — Fundraising Act 1998 (Victoria) — Barrister AI