We can impose conditions on the registration of fundraisers at the time of registration, or at any time during the period of registration, where there are grounds for concern. Conditions are imposed in order to promote public confidence in fundraising and to protect the public interest.
Conditions imposed at the time of registration can also be varied or removed during the period of registration.
We will inform you in writing of any proposed conditions and give you 14 days to make a submission commenting on the proposed conditions.
There are penalties for failing to comply with an imposed condition.
Case-by-case and special conditions
We can impose conditions on a case-by-case basis in special circumstances. Examples include:
- the requirement to distribute all, or a certain proportion of the proceeds of fundraising by a specified time
- applying a special condition in order to grant registration that might otherwise have been refused.
Transparency and public disclosure
If you estimate less than 50 per cent of fundraising proceeds will be distributed to beneficiaries, your registration will be subject to a public disclosure condition.
For example, if you estimate 40 per cent of funds raised will go to the nominated beneficiary, you might be registered with the condition that you:
- tell prospective donors, either in person or in writing, ‘the fundraiser estimates that 40 per cent of funds donated to the fundraiser will be distributed to beneficiaries’
- clearly label all products offered for sale in the same way.
The public disclosure condition is designed to ensure donors understand the proportion of their donation that will go to the beneficiary. It should not discourage you from distributing more than the estimated percentage if you can.
If you estimate that less than 35 per cent of fundraising proceeds will be distributed to the beneficiaries, we will ask you to ‘show cause’ why you should be registered.
Examples of the types of information you can provide to show cause include:
- the nature and type of the appeal (for example, a fundraising dinner will have higher administration costs than a door-knock appeal)
- the reasonableness of the administration costs of the appeal
- the size of the appeal (for example, 35 per cent of a large appeal could provide significant benefit to the beneficiaries)
- the maturity of the appeal (for example, a fundraising organisation in an establishment phase might have higher initial administration costs).
The registration will not proceed until we are satisfied that the proposed fundraising activity is in the public interest.