The state government has introduced the Consumer Legislation Amendment Bill 2019 (Vic). If passed by the Victorian Parliament, the bill will amend the Fundraising Act 1998 (Vic).
Two of the proposed changes are notable:
- Organisations already registered with the Australian Charities and Not-for-profits Commission (ACNC) will no longer need to go through separate steps to register as a fundraiser with Consumer Affairs Victoria (CAV). Instead, they will only need to notify CAV of their intention to fundraise to be considered a registered fundraiser. They will be recognised as a registered fundraiser until they are deregistered as a charity with the ACNC or deemed to no longer be a registered charity by CAV. This is a positive step to simplify fundraising laws.
- The legislation will give CAV the power to deregister ACNC-registered organisations as fundraisers if they have ‘paid an excessive commission or other remuneration to a collector or commercial fundraiser’. ‘Excessive commission’ is not defined. This new imposition will create uncertainty for ACNC-registered organisations who use third parties to fundraise in Victoria.
To keep updated on the progress of this bill, and to view more on fundraising reform, click here.