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ARTICLE · 07 DECEMBER 2017

Amendments to the Charitable Fundraising Act

The inquiry powers available under the Act have been enhanced to include alleged instances of financial impropriety.

AustraliaCorporate/Commercial Law

On 10 August 2017, the Charitable Fundraising Amendment (Inquiries) Bill 2017 (NSW) (Bill) passed both houses of Parliament and came into force amending the Charitable Fundraising Act 1991 (NSW) (Act) from 14 August 2017.

In his second reading speech, the Minister for Innovation and Better Regulation Matt Kean cited recent high profile instances of financial impropriety, including the misuse of funds, by charities or persons involved in charities as having the potential to undermine public confidence in charitable organisations broadly.

The remedy proposed is to enhance the inquiry powers available under the Act by adding Ministerial discretion to hold a public inquiry in relation to any matter under section 26 of the Act and in circumstances where the Minister deems it in the public interest to so do.

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