Fundraising Act 1998

The Director may suspend a deemed registration of a Commonwealth registered entity under section 23AB if the Director is satisfied that—

the deemed registered fundraiser has contravened a provision of this Act; or

the proceeds of an appeal conducted by the deemed registered fundraiser in Victoria have been mismanaged or misapplied; or

the deemed registered fundraiser has paid an excessive commission or other remuneration to a collector or commercial fundraiser that administers part or all of an appeal in Victoria on behalf of the deemed registered fundraiser; or

the deemed registered fundraiser has contravened a condition imposed on its deemed registration by the Director; or

any other circumstances exist that justify the suspension.

Before suspending a deemed registration under subsection (1), the Director—

must give the deemed registered fundraiser a written notice—

stating that the Director is considering whether to suspend the deemed registration and the reasons why the Director is considering doing so; and

inviting the deemed registered fundraiser to make a submission on the proposed suspension within a time specified in the notice; and

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

The Director must not specify a period of less than 7 days in a notice given under subsection (2)(a).

If the Director decides to suspend a deemed registration of a Commonwealth registered entity after considering a submission under subsection (2)(a)(ii), the Director must give the deemed registered fundraiser a second written notice which states—

that the registration of the deemed registered fundraiser is suspended and the reasons for the suspension; and

when the suspension begins; and

the period of the suspension; and

any conditions to which the suspension is subject.

A date specified under subsection (4)(b) must not be less than 28 days after the date on which the notice under subsection (4) is given to the deemed registered fundraiser.

A suspension under this section remains in force until—

the end of the period specified by the Director in subsection (4)(c); or

the Director gives notice that the suspension has ended.