By Harriet Warlow-Shill

12 July 2019

The new Fundraising Regulations 2019 (Vic.) will come into effect on 1 June 2019 to replace the 2009 iteration.

The new Fundraising Regulations support the Fundraising Act 1998 (Vic.) which applies to all those who engage in fundraising activities for charities and not-for-profits in Victoria.

The Regulations outline:

Activities which do not constitute fundraising appeals;

  • Requirements for identification badges;
  • Requirements for record keeping;
  • Requirements for registration renewal;
  • Fees for record inspection; and
  • Infringement penalties for breaches of the Act.

The new Regulations provide for different identification numbers on badges. Identification numbers will need to be unique rather than sequential.

It is important that all charities and not-for-profits who engage in fundraising remain aware of the up to date Regulations. It is an easy trap for charities to miss the requirement that they need licences before engaging in fundraising campaigns. It is equally important to remember that if fundraising is to take place across several States, fundraising licences must be obtained in each state.

It is highly inadvisable to ignore the fundraising regulations. One would be mistaken to think that the fundraising regime is not enforced. In May 2019, Consumer Affairs Victoria commenced action against Elderly Citizens Help Organisation for alleged breaches of fundraising laws, including inadequate record keeping.

If you have any queries about how the new Regulations may affect you, please do not hesitate to contact a member of our Charities Team.

 

Disclaimer
The material contained in this publication is meant to be informational only and is not to be construed as legal advice. Tisher Liner FC Law will not be held liable or responsible for any claim, which is made as a result of any person relying upon the information contained in this publication.

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