VOLUNTARY ORGANISATIONS (PUBLIC COLLECTIONS) REGULATIONS

(PUBLIC COLLECTIONS)

SUBSIDIARY LEGISLATION 492.03

VOLUNTARY ORGANISATIONS (PUBLIC

COLLECTIONS) REGULATIONS

15th September, 2020

LEGAL NOTICE 371 of 2020, as amended by Legal Notice 424 of

2021.

(1)

The title of these regulations is the Voluntary

Organisations (Public Collections) Regulations.

(2) The scope of these regulations is to establish, promote

and conduct public collections by means of public events and

fundraising activities held by enrolled voluntary organisations in

accordance with the provisions governing public collections in terms

of article 4(2) and (3) of the Act.

(1) The definitions prescribed in the Act and in the

Public Collections Act shall mutatis mutandis apply, unless they are

inconsistent with these regulations.

(2) For the purpose of these regulations and unless the

context otherwise requires

"the Act" means the Voluntary Organisations Act;

"collector" shall have the same meaning assigned to it in the

Public Collections Act and the term "public collector" and "public

collectors" shall be construed accordingly;

"compliant" means any voluntary organisation which has been

declared to be in conformity with the provisions of the Act and any

subsidiary legislation made thereunder;

"Commissioner" means the Commissioner for Voluntary

Organisations;

"crowd funding" means any form of collection made through

any media including but not limited to the internet, whereby any type

of credit and, or money is raised by means of deposits or transfers

made by the general public;

"financial year" means the financial year in respect of which

annual accounts are prepared by voluntary organisations;

"fundraising activity" means an activity or event organised by

a voluntary organisation to raise funds for a social, charitable, or

public purpose;

"harassment" means any form of aggressive pressure or

intimidation, persecution, annoyance, inconvenience, nuisance,

(PUBLIC COLLECTIONS)

pestering or bothering, force or coercion caused by collectors to the

public when conducting any form of public collections and includes

sexual harassment;

"promoter" shall have the same meaning assigned to it in the

Public Collections Act;

"public" means any natural or legal person from the community

other than any existing founders, administrators, members, fund

raisers, management, beneficiaries or donors of a voluntary

organisation and shall not include less than fifty persons in one or

more public event or fundraising activities;

"public collection" means a collection from the general public

by a voluntary organisation and includes any form of collection,

whether in cash or in kind, tangible or intangible, corporate or

incorporate, movable or immovable, by any means or in any manner

whatsoever, and excludes collections or fundraising activities carried

out between members of a voluntary organisation;

"voluntary organisation" means an enrolled

voluntary

organisation established in terms of article 3 of the Act;

"Voluntary Organisations Fund"

means

the

foundation

established by article 37 of the Act;

"VO number" means the enrolment number or reference given

to enrolled voluntary organisations.

(1) These regulations shall apply to all enrolled and

compliant voluntary organisations.

(2) A non-enrolled voluntary organisation may not carry out

a public collection.

(1)

A public collection or a fundraising activity shall

have a legal cause.

(2) Fundraising activities shall be carried out for voluntary

organisations either for a general or specific purpose.

(3) Where a voluntary organisation carries out fundraising

activities, such voluntary organisations shall submit a statement of

annual accounts for public collections to the Commissioner indicating

each fundraising activity and the amount collected from public

collections. Such statement shall be submitted in the form indicated in

the annual returns submitted on a yearly basis by voluntary

organisations.

(PUBLIC COLLECTIONS)

(4) Any money, objects or any assets collected by any

person not entitled to perform a public collection shall be confiscated

and deposited in the Voluntary Organisations Fund.

(5) A voluntary organisation shall monitor the financial

good standing and reputation of the collector before engaging a

collector, who shall have a good-standing conduct certificate and

shall not be declared bankrupt

"Provided that collectors carrying out any public

collection who are minors below the age of sixteen (16), shall be

accompanied by a person who is an adult or a major, and the

provisions relating to minors and guardianship under the Civil Code

and the provisions under paragraph 12 of Tariff C of Schedule A to

the Code of Organization and Civil Procedure shall apply mutatis

mutandis to these regulations.

Provided further that collectors subject to any criminal

records or convictions may still be allowed to carry out public

collections subject to the discretion of the Commissioner.

(1)

The methods which may be used by voluntary

organisations or collectors to carry out public collections shall

include but are not limited to

(a)

conducting visits in public places including

streets or door-to-door visits;

(b)

public collections on the broadcasting media,

including broadcasting services, such as television

broadcasting services and radio broadcasting services;

(c)

any printed material which is communicated by

means of publication including the publication of magazines;

(d)

any means of electronic media communications

including telephone services and the use of the internet;

(e)

public collections carried out at public concerts,

events and other functions, auctions, car-booth sales and, or

fundraising activities, including any gift awarding schemes

and, or lotteries carried out for such purpose;

(f)

any type of crowd funding; and, or

(g)

any donation to a voluntary organisation of any

assets following a confiscation or decree by any competent

court.

(2) Any other methods used to carry out public collections

which are not included in the list mentioned under sub-regulation (1)

shall also be governed by these regulations

(PUBLIC COLLECTIONS)

Provided that the Broadcasting Act and the Requirements

as to Standards and Practices as to Advertisements, Methods of

Advertising and Directions on Public Collections on the Broadcasting

Media Regulations, the provisions relating to any printed material and

publication in terms of the Press Act, the provisions relating to

lotteries, games or any relative fundraising which require

authorisation in terms of the Gaming Act, the provisions relating to

auctions in terms of the Auctioneers Act are adhered to where

applicable.

(1)

Collectors shall be in possession of a tag issued

by an enrolled and compliant voluntary organisation.

(2)

The tag shall include

(a)

the name, surname and passport size photo of the

collector;

(b)

the identity card number or passport number and

the name of the country issuing the passport or identity card;

(c)

in the case of voluntary organisations carrying

out public collections, the name, registered address, contact

number of the voluntary organisation and the name of the

collector;

(d)

the VO number of the enrolled voluntary

organisation;

(e)

the purpose of the public collection.

(3) Where applications for such tags are made by a voluntary

organisation, such voluntary organisation shall take full responsibility

on the good standing and credibility of its collectors who shall be in

compliance with article 22B of the Act.

(4) The tag issued by the enrolled and compliant voluntary

organisation shall be made visible at all times during the public

collection and be kept in a clean and legible state. Tags shall be

displayed on the upper body of the public collector, made visible and

identifiable and shall not obscured in any way.

(5)

The tag shall be marked with an expiry period of one (1)

year.

(1)

Collectors shall have a sealed collection

container provided by the enrolled and compliant voluntary

organisation. The seal may bear the name of the voluntary

organisation or the name of the Office of the Commissioner for

Voluntary Organisations.

(PUBLIC COLLECTIONS)

(2) Any containers collected and received directly by

voluntary organisations shall be opened in front of at least two

administrators of the enrolled and compliant voluntary organisation

Provided that the Commissioner may reserve the right to

send a representative or public official acting on his behalf when such

containers are opened.

(3) A declaration form shall be duly filled and signed by at

least two administrators of the enrolled and compliant voluntary

organisation who opened the containers and counted the money

collected. Such declaration form shall specify that the containers

have been collected and received directly by the voluntary

organisation concerned, the number of containers collected and the

amount of money collected and shall be duly submitted to the

Commissioner.

(4) The container shall have the name of the voluntary

organisation, its VO number, whichever is applicable, and the

purpose of the public collection, and all other relevant information

which shall correspond to the details on the tag.

(5) A transitory period may be granted at the discretion of

the Commissioner for all containers to be collected and removed

from public or private places

Provided that the Commissioner may give permission to

the extent that certain containers may not be removed from public or

private places, if such containers are in a fixed position or have an

artistic, traditional, architectural or historic value or importance.

(1)

Collectors may leave envelopes at any premises

solely on behalf and in the name of voluntary organisations.

(2) Where collectors leave envelopes at any premises with

the intention of collecting money from the public, all envelopes shall

bear the name, address and contact number of the voluntary

organisation and the date of the collection.

(3) Any envelopes collected and received directly by

voluntary organisations shall be opened in front of at least two

administrators of the enrolled and complaint voluntary organisation.

(4) A declaration form shall be duly filled and signed by at

least two administrators of the enrolled and compliant voluntary

organisation who opened the envelopes and counted the money

collected. Such declaration form shall specify that the envelopes have

been collected and received directly by the voluntary organisation

concerned, the number of envelopes collected and the amount of

money collected and shall be duly submitted to the Commissioner.

(PUBLIC COLLECTIONS)

(1)

Public collections shall not be carried out in any

part of any street so as to cause any obstruction thereof or any

inconvenience to pedestrians.

(2) Unless a fundraising activity is being organised during a

collection, collectors shall not be more than two at the same collecting

place, and shall occupy a fixed position with a distance of not less

than thirty (30) metres between one collector and another.

(1)

When conducting door-to-door visits, collectors

shall, upon presenting the tag, introduce themselves by stating their

name and surname, the name of the enrolled voluntary organisation on

whose behalf they are making public collections and the purpose of

the public collection.

(2) Collectors shall not act in such a manner so as to cause or

is likely to cause any form of harassment to any person.

(3)

Collectors may not demand and shall not be entitled to

any payment, donations or gifts or any other form of remuneration for

carrying out their services

Provided that employees may be entitled solely to

remuneration corresponding to their salary

Provided further that in case of employees receiving any

form of remuneration, any form of compensation from the money

donated shall be prohibited.

(4)

Voluntary organisations or their sponsors may nonetheless

provide anything which is deemed necessary for the purpose of

carrying out the public collection, including beverages or foodstuffs,

protective wear or apparatus during the period for which they are

performing the public collection.

(1)

The following rules shall apply solely to public

collections carried out in the streets

(a)

tables for the purpose of any public collection

shall not be used by collectors so as to cause actual or possible

obstruction;

(b)

collectors shall not act in such a manner so as to

cause or is likely to cause any form of harassment to any

person.

(2) Without prejudice to sub-regulation (1), collectors shall

obtain permission in writing

(a)

from the appropriate authority or authorities to

enter any governmental premises, any health centres whether

(PUBLIC COLLECTIONS)

public or private, or school or educational premises;

(b)

from the owner to enter any shop or other similar

premises, including cafeterias, bars, or restaurants, or any

other place where products and, or services are sold;

(c)

from the owner to enter any other place of

entertainment or the owner of premises open to the public.

Persons who during a public collection activity render

services, which do not include collection of money or assets, against

any form of remuneration, whether taxable or otherwise, shall not be

considered as carrying out a public collection.

(1)

Saving the provisions of the Requirements as to

Standards and Practice as to Advertisements, Methods of Advertising

and Directions on Public Collections on the Broadcasting Media and

any other applicable law or regulation, voluntary organisations

making public collections on the broadcasting media shall provide all

the necessary and relevant information to the potential donor.

(2) The information mentioned in sub-regulation (1) shall

include the name and VO number of the voluntary organisation, the

purpose of the public collection and the contact details of the enrolled

voluntary organisation to which the donations shall be made and the

preferred method of donation.

(3) Methods of donation may be made in cash or in kind or

by means of a cheque or bank transfer or by any other means as may

be deemed necessary

Provided that in case of monetary donations exceeding

five thousand euro (€5000) and donations in kind, the donor shall

submit documentation indicating the value of the item sold, and the

source of the donation and the Commissioner shall have the

discretion to evaluate such documentation.

(4) Voluntary organisations shall ensure that all the

information mentioned in this regulation is made available on the

broadcasting media in an appropriate and adaptable manner.

(5) Where the method of advertising on public collections

on the broadcasting media is carried out by means of telephone

services, and the cost of telephone calls or phone messages is higher

than the normal announced tariff, the broadcaster shall inform

viewers of the cost of that particular call or message

Provided that if part of the cost of the telephone calls or

phone messages, as the case may be, is intended for any social

purpose, then such part shall also be identified.

(PUBLIC COLLECTIONS)

(1)

When conducting collections through the use of

telephone services, collectors shall provide the name of the voluntary

organisation on whose behalf the public collection is being made,

their age, the VO number and the purpose of the public collection and

where premium calls are made by the donor, any information relating

to the cost of such calls shall be provided and clearly explained to the

donor.

(2) When conducting the public collection, collectors shall

not act in such a manner so as to cause or is likely to cause any form

of harassment to the recipient of the call and the voluntary

organisation shall establish the time within which calls shall be made,

which shall not be between 20.30hrs and 08.00hrs, unless

authorisation is otherwise obtained from the Commissioner.

(3) Collectors shall not call the same recipients more than

once during the same public collection, and they shall not ask personal

questions or try to obtain other unnecessary information from the

recipients of the call.

(4) Potential donors shall be instructed on the manner in

which donations shall be made, whether these are to be made in cash

or in kind, or by means of a cheque or bank transfer and shall be

provided with all necessary information relating to the manner in

which payment shall be effected.

(5) When phone calls are made for the sake of the collection,

the number of the incoming call shall not be private and shall be

displayed at all times. Collections made by phones shall not be made

by random calling and in an automated manner.

(6) Telephone calls shall not be made during times when

public collections are not permissible and each call shall have an opt-

out service option upon the request of the donor.

(1)

Sales of donated magazines and, or books, the

proceeds of which or part thereof is intended for donation to a

particular voluntary organisation, or sales of donated magazines and,

or books to the public on behalf of a particular voluntary organisation

or group of voluntary organisations, the proceeds of which are

intended for the same purpose, shall be subject to the following

conditions

(a)

promoters of such donated magazines and, or

books shall provide the Commissioner with details as regards

their trading activities including a brief description of the

policies which apply and the procedures followed during the

sale of such magazines and, or books, as well as those applied

and followed for the promotion and marketing of their editions;

(PUBLIC COLLECTIONS)

(b)

a written agreement shall be made between the

promoter of the donated magazines and, or books prior to their

publication and the voluntary organisation receiving

donations, and a certified true copy of the agreement shall be

endorsed by a lawyer and submitted to the Commissioner; and

(c)

the percentage of the donation to be given to the

voluntary organisation shall be clearly shown on the front page

of the magazine or other published material, and shall be

unequivocal, certain and clearly legible.

(2) The written agreement shall be signed by all the parties

involved in the trading activity and shall include the following

(a)

the name and address of each party, the date, the

duration of the agreement and the terms and conditions

applicable to the agreement;

(b)

in case of donations exceeding five thousand

euro (€5,000) over a period of one financial year, the exact

amount of the donation being offered and the source of the said

donation, with special reference to donations offered in cash or

in kind;

(c)

the receipts for every donation received;

(d)

a brief statement of the principal purpose and

objectives of the donation and the methods being used for the

donation;

(e)

unless there is provided that payment is made

directly to the voluntary organisation, a clause stating that the

funds received shall be held on behalf of the voluntary

organisation and shall be transferred to the voluntary

organisation as soon as possible;

(f)

that the promoter of the donated magazines and,

or books acting on behalf of the voluntary organisation shall

inform the public of the details of the voluntary organisation

for which public collections are carried out and of the amount

of money proceeding from the sales of the magazines and, or

books which the voluntary organisation received; and

(g)

any other information about the donated

magazines and, or books and their promoters which is relevant

and necessary and which relates to the voluntary organisation.

(1)

Images or descriptions promoting public

collections shall be decent and unambiguous, and shall not be

misleading, or likely to mislead the public, exaggerating, modified or

likely to cause fear, disturbances and distress to the public.

(PUBLIC COLLECTIONS)

(2) All trademarks shall be respected and collectors shall act

in conformity with the provisions of the Copyright Act.

(3) Where the subject matter of a public collection in its

natural state is likely to cause any of the prohibitions mentioned in

sub-regulation (1), a warning shall be issued by the Commissioner

against public collectors in this regard.

(4) Beneficiaries shall not be presented in a disrespectful

way in promotional activities and, where possible and appropriate,

beneficiaries shall have an input into the promotional strategies of the

voluntary organisation.

(1)

Public collections carried out during public

events or other fundraising activities shall be conducted in a

professional and organised manner.

(2) Voluntary organisations carrying out any such public

collections shall inform the public, prior or during the event, about all

relevant and necessary information to which the public has an interest

to know. Such information shall include

(a)

the name, the registration number and contact

details of the voluntary organisation to which donations shall

be made;

(b)

the purpose of the public collection;

(c)

the percentage of or the amount of the price of

the ticket or the participation fee or the amount of the objects

sold at an auction or car-booth sale which are actually being

attributed to the voluntary organisation.

(3) Where voluntary organisations wish to organise lotteries

that may include raffles and other types of games or concerts, auctions

and car boot sales in order to make public collections, administrators

shall ensure that all relevant laws, regulations and rules are adhered

to, where applicable.

(4) Auctions may be carried out solely by a certified public

auctioneer in accordance with the provisions of the Auctioneers Act

and any proceeds of sale in part or in full which is intended to be used

as a public collection shall be clearly provided in the annual returns of

the voluntary organisation.

(5) Lotteries, games and other similar fundraising activity

shall be regulated, licensed and in compliance with the provisions of

the Gaming Act. Any collector shall be exempted from submitting the

proceeds of any lottery, games or similar fundraising activity, if such

proceeds are submitted to the Gaming Authority in terms of the

Gaming Act.

(PUBLIC COLLECTIONS)

(1)

Where a public collection is carried out by

means of a trading activity or otherwise and the proceeds of sale

devolve upon a voluntary organisation, collectors shall give to each

donor a receipt, stating the amount of money received from each

donor as an acknowledgement of the donation received.

(2) In case of donations in kind, the donor shall submit

documentation indicating the value of the item sold, and the source of

the donation and the Commissioner shall have the discretion to

evaluate such documentation.

(3) All receipts shall be numbered and shall include the

name, address and contact numbers of the voluntary organisation, the

date of the donation and the details of the collector.

(1)

When obtaining, processing, retrieving and

retaining data, the administrators shall conform with the provisions of

the Data Protection Act, and any other applicable laws and

regulations regarding data protection.

(2) Where fundraising activities or public collections

include children in photos or videos, the consent of the parents or

legal guardians is required at all times.

(3) All personal data shall be collected in a legal, fair and

appropriate manner and all information which can be identified or

attributed to one or more individuals shall be treated as confidential.

(4) All voluntary organisations shall ensure that donors,

clients, service users and employees are clearly informed of their

rights under the Data Protection Act to gain access to a copy of their

personal data.

(5) Any information obtained in confidence as part of the

fundraising process shall not be disclosed without the prior and

express consent of the donor.

(1)

The

Commissioner

may

disallow

the

continuance of any fundraising activity or public collection at any

stage, if there is a breach of national laws and regulations.

(2) Donations and gifts shall be used for the purposes for

which they were donated. Secure measures shall be provided by

donees for donations made by means of online transactions and

receipts shall be provided accordingly.

(3) Head of schools shall be responsible for collections

made in schools, provided that the collector has obtained the written

permission of the Commissioner, and the Commissioner shall not be

held responsible for collections carried out in the actual place of

collection.

(PUBLIC COLLECTIONS)

(4) The voluntary organisation and, or the owner of a

premises where public collections are actually carried out, shall be

held responsible for the health and safety of the collector while

performing the public collection, and the Commissioner shall not bear

any responsibility for any accident, injuries or damages sustained by

public collectors.

(5) For the purpose of collections carried out in a private

establishment, a notice may be displayed on the premises by the

owner of such premises providing that collectors may not enter same

premises, notwithstanding the fact that the collection is open to the

public. Collections may not be carried out on any land or premises

privately owned without the written and express consent of the owner.

(6) Collectors may not be stationed in the entrance of a shop

or similar establishment, or within five (5) meters of an ATM

machine.

(1)

Where public collections are made by digital or

electronic means, users shall be aware of which data is being

collected, and all information regarding the collection of data shall be

clearly provided by means of a privacy policy or statement.

(2) All information on the purpose and the duration of the

collection, the name and the registered number of the voluntary

organisation and the contact details of the administrators shall be

made available on the website of the voluntary organisation or public

collectors, where these are individuals.

(3) Any public collection or fundraising activity through

electronic means carried out by a foreign voluntary organisation shall

obtain the prior written authorisation from the Commissioner. Local

voluntary organisations may carry out such public collections or

fundraising activities, provided these are enrolled and compliant.

(4) Public collections carried out by telephone including by

transmitting messages may only be carried out with the prior and

express consent of the Commissioner. Messages shall have a simple

opt-out option which shall be free of charge. Premium rate messaging

and any information relating to the cost of such messages shall be

provided in a clear and unequivocal manner.

(5) Voluntary organisations may use crowd funding

facilities, provided that such facilities or accommodations are

registered and in conformity with applicable rules, laws and

regulations.

(6) Any expenses used for crowd funding policy shall be

disclosed to the Commissioner before crowd funding is made, and no

part of the donations raised through such crowd funding may be

(PUBLIC COLLECTIONS)

shared with policy owners.

(7) All generated revenue and other income raised through

the crowd funding shall be recorded by means of bank statements,

where the crowd funding is easily distinguished and traceable.

(1)

The Commissioner shall, in order to investigate

matters, or the conduct of affairs of a voluntary organisation, in terms

of the powers vested in him by means of articles 7(g), 7(h) and article

34 of the Act, have the right to request any information, documents

and, or clarifications from any public or private entity or authority

and from any person, including but not limited to administrators,

members, collectors, fund raisers, donors or volunteers of any

voluntary organisation or those claiming or alleging to have such

status, as he may deem necessary in the circumstances.

(2) The Commissioner shall also be entitled to disclose any

information to such entity or authority or person for the purpose of

investigating matters of a voluntary organisation, when he has a

suspicion that such voluntary organisation or an administrator or

member thereof is carrying out any illegal activity, including but not

limited to money laundering and financing of terrorism, or any other

illicit or criminal activity.

(3) Saving the provisions of sub-regulation (2), the

Commissioner is entitled to obtain any information from other

entities or authorities, including but not limited to, the Registrar for

Legal Persons, the Malta Security Service, Jobsplus, the

Commissioner of Police, the Commissioner for Revenue, the

Financial Intelligence Analysis Unit, the Asset Recovery Bureau, the

Malta Financial Services Authority and the Courts of Justice and also

to disclose any information to such other entities or authorities

Provided that such information may include any other

information from the Registrar of Courts and, or the Office of the

Attorney General or the Office of the State Advocate respectively,

relating to any pending criminal or civil proceedings, with particular

reference to any information concerning the attachment, freezing,

confiscation and seizure of assets

Provided further that any privileged information

obtained by the Commissioner upon such request, shall be used

exclusively for the purposes of the powers vested in him in terms

these regulations and shall not be made accessible to the public.

(4) The Commissioner may also request any member or

administrator of the voluntary organisation, or those claiming or

alleging to have such status, to submit a conduct certificate issued

under the Conduct Certificates Ordinance and may refuse to issue an

enrolment certificate to such member or administrator of the

voluntary organisation, or withdraw any issued enrolment certificate,

(PUBLIC COLLECTIONS)

if such member or administrator of the voluntary organisation fails to

provide such conduct certificate.

(5) Subject to the provisions of article 3(3) of the Conduct

Certificates Ordinance the Commissioner may, in the course of his

investigations, request a complete record of criminal convictions of

any member or administrator of the voluntary organisation concerned.

The Commissioner may refuse to issue an enrolment certificate, or

withdraw any issued enrolment certificate, if the person to whom the

record of criminal convictions relates refuses to give his consent as

required under article 3(3) of the Conduct Certificates Ordinance.

(6) For the purpose of these regulations and in the course of

any investigation made under article 7(1)(g) of the Act, the

Commissioner shall have the power to summon witnesses and to

administer an oath to any person concerned in the investigation and

require them to give evidence.

(7) In the event that such person refuses to produce the

requested information, the Commissioner may impose an

administrative fine not exceeding five hundred euro (€500) and an

additional penalty of three euro (€3) for each day such refusal

subsists.

(1)

Voluntary organisations shall not demand from

any person to make testamentary dispositions in their favour. Where a

person wishes to make testamentary dispositions in favour of

voluntary organisations, such dispositions may only made to enrolled

voluntary organisations which are compliant.

(2) If at the time of death of the testator, a voluntary

organisation is dis-enrolled, non-enrolled or not compliant, or if the

purpose of such voluntary organisation has been fulfilled or achieved,

such dispositions shall be considered null and void.

(1)

The Office of the Commissioner shall establish a

complaints procedure which shall be clear, unambiguous and made

accessible to the public.

(2) Complaints may be made by anyone, irrespective

whether the complainant is a public collector, a fund-raiser, an

administrator, a member, a voluntary organisation, an individual, a

donor or a donee.

(3) The Commissioner shall, to the extent that such

complaints are not of a criminal nature, have the power to decide on

complaints and shall be vested with quasi-judicial powers where such

complaints are of a civil nature. Complaints shall be investigated by

Commissioner without delay and his decision shall be final and may

only be challenged in Court.

(PUBLIC COLLECTIONS)

(4) The remedy awarded by the Commissioner to such

complaints shall be real, including but not limited to the return of

assets to the principal owner or a refund of the donation to donor.

(1)

Any voluntary organisation which is in breach of

these regulations is guilty of an offence and shall, on conviction, be

liable to the penalties established under article 31 of the Act.

(2) Where during a public collection or fundraising events

or activities, any member of the organisation either commits or

suffers from an act of sexual harassment including indecent exposure,

stalking, sexual assault and obscene or threatening communications,

the voluntary organisation shall report the matter to the police and,

where necessary provide any support and assistance to the victim.

(3) The provisions of sub-regulation (1) shall also apply in

cases of discrimination against any person with disability.

(4) Where a breach occurs in terms of sub-regulation (1),

any funds which have been raised by means of the public collection

activity shall be confiscated and deposited in the Voluntary

Organisations Fund.