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Version status: Not yet in force | Document consolidation status: No known changes
Version date: 10 July 2024 - onwards

15. Amendment of section 46 of Principal Act

Section 46 of the Principal Act is amended -

(a) by the substitution of the following subsection for subsection (2):

"(2) A person (other than a registered charitable organisation or a person who is acting on behalf of a registered charitable organisation) who, in any notice, advertisement, promotional literature or any other published material, describes himself, herself or itself or his, her or its activities, in such terms as would cause members of the public to reasonably believe that he, she or it is a charitable organisation shall, subject to subsection (6), be guilty of an offence.",

(b) in subsection (6), by the substitution of "Where the defendant is a body or a person acting on behalf of a body, it shall be a defence to proceedings for an offence under subsection (2) for the defendant to prove, in respect of the body, that" for "It shall be a defence to proceedings for an offence under subsection (2) for the defendant to prove that", and

(c) in subsection (7) -

(i) by the deletion, in paragraph (a) of "and",

(ii) by the deletion of paragraph (b), and