Woodhouse Michael: Fair Trading (Soliciting on Behalf of Charities) Amendment Bill — In Committee 
Text is incorporated into the Bound Volume 
Woodhouse Michael: Fair Trading (Soliciting on Behalf of Charities) Amendment Bill — In Committee 
[Sitting date: 09 May 2012. Volume:679;Page:2141. Text is incorporated into the Bound Volume.] 
MICHAEL WOODHOUSE (National) 
: 
 I just want to make three quick points as we approach the end of the Committee stage and I will start— 
Phil Twyford 
: Why does the member think that? 
MICHAEL WOODHOUSE 
: —by addressing the contribution by the Hon Lianne Dalziel. Well I am quite sure that if members have other meaningful contributions to make they will stand up. The first relates to the issue of hollowness. I would say that small is not hollow. The fact that the Fair Trading (Soliciting on Behalf of Charities) Amendment Bill is even now small—it was when it was introduced and it is now—does not make it hollow.  
Hon Lianne Dalziel 
: Substance. 
MICHAEL WOODHOUSE 
: There is substance in it. The issue is certainly very important. I would also say that yes there was some complexity around the framing of the primary legislation that it was felt would be best addressed in the regulation but that will not make the complexity go away. I know that the Commerce Committee did hear from fund-raising organisations that were not in support of this. I think there is an element of self-interest by those organisations in respect of the disclosure requirements that this regulation when it is passed will have. So I do not agree with Ms Dalziel that this regulation will not be put in place. I am quite sure that both I and the Hon Amy Adams will keep on the Hon Simon Bridges until those regulations are drafted and that we will get there.  
I think the member Sam Lotu-Iiga did address the issue that Mr Twyford raised about public disclosure of other types of fund-raising events not just cold calling and I draw members’ attention to new section 28A(1)(a)(iii) in clause 4 which does provide for a fund-raising event. They will fall within the description— 
Phil Twyford 
: And direct mail? 
MICHAEL WOODHOUSE 
: And on direct mail I am advised that any requests that come from a third party will be covered. The member’s description in his call was a little unclear as to whether he was clearly articulating between direct mail that is done by charities themselves and that which is done by a third-party fund-raiser. If it is from a third-party fund-raiser it will be covered by the disclosure requirements.  
The last thing I want to say is in respect of the member Raymond Huo’s call in the second reading where he raised the question about sanctions and penalties for non-compliance. He mentioned the— 
Hon Lianne Dalziel 
: It was Rajen. 
MICHAEL WOODHOUSE 
: Was it Rajen? I do apologise to Mr Huo. The member is quite right; it was Dr Rajen Prasad. He raised the question of where the sanctions are and where the penalties are. I can advise the Committee that in fact the primary legislation provides in section 40 for there to be penalties for contravention of the provisions of Parts 1 2 3 and 4 and those penalties will apply to the regulation. They are onerous. For an individual there can be up to a $60000 fine and in the case of bodies corporate which are most likely to be the agents that are covered by the regulation a fine not exceeding $200000. So it is a significant potential penalty for those who do not comply with the Fair Trading Act and most appropriately so. So the sanctions are there. I thank members for their contribution.