Charitable Collections Regulation 2003

This regulation is the Charitable Collections Regulation 2003.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘motor vehicle—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘motor vehicle’ is defined in that dictionary and the definition applies to this regulation.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Exempt collections

The following are declared not to be a collection:

the soliciting or receiving of money by a school if the money is—

a genuine fee or charge by the school for educational purposes; or

a voluntary contribution to the school for educational purposes that is solicited or received from a person with parental responsibility for a child who is enrolled at the school;

the soliciting or receiving of money by a body affiliated with a school for the educational purposes of the school;

Examples of bodies for par (b)

1 a parents and citizens association, or a parents and friends association, for the school

the soliciting or receiving of money or a benefit by an entity if the proceeds received from collections conducted by the entity is less than $15 000 in a financial year;

the soliciting or receiving of money or a benefit by a non‑government organisation accredited with the Australian Agency for International Development (AusAID) (whether or not the money or benefit is used, or intended to be used, solely for aid in a foreign country);

the solicitation or receipt of sponsorship from a corporation;

the soliciting or receiving of money by a trustee corporation for administering a trust fund for a charitable purpose;

the soliciting or receiving of money by, or on behalf of, an entity if the proceeds received from collections conducted by, or on behalf of, the entity are for a trust fund for a charitable purpose administered by a trustee corporation.

Example—par (g)

a workplace giving program, where a workplace, or an employee on behalf of the workplace, solicits and receives money for a charitable fund administered by a trustee corporation

In this section:

school means an entity that provides education at the pre-school, primary school, high school or secondary college level.

trustee company—see the Trustee Companies Act 1947, dictionary.

trustee corporation means—

the public trustee and guardian; or

a trustee company.

Part 3 Conduct of collections

A licence, or a document stated by the licence to form part of the licence, may indicate that the conditions mentioned in schedule 1 apply to a collection conducted under the licence.

Note For provisions about the employment of children, see the Children and Young People Act 2008, ch 21.

Part 4 Proceeds of collections

A person who is taking part in a collection (the collector) commits an offence if—

someone else (the donor) personally gives the collector more than $2 in cash for the purposes of the collection (the donation); and

the donor asks the collector for a receipt for the donation; and

the collector does not give the donor an authorised receipt for the amount of the donation.

Maximum penalty: 10 penalty units.

This section does not apply if the donor receives goods or services of substantially the same value as the amount given to the collector.

Example

the purchase price of an item of food from a fast food company that includes a donation to a charity

An offence against this section is a strict liability offence.

In this section:

authorised receipt means a printed receipt or anything else given to the collector by a person conducting the collection for the purpose of acknowledging a donation of a particular amount.

Example of something that is not a printed receipt

badges of different colours or designs to indicate the amount of a donation

The following are lawful and proper expenses for a collection:

the reasonable expenses incurred by the licensee in—

conducting and carrying out the collection; and

administering and distributing the proceeds of the collection; and

complying with the Act; and

any other expenses stated in the application for the licence for the collection.

Example of other expenses for par (b)

how a commercial fundraisers fee is calculated

The required accounts for a collection are accounts that show the following:

the proceeds of the collection (including any amounts realised from benefits received for the purposes of the collection);

the amount of lawful and proper expenses under the Act, section 44 (3) for the collection;

the net proceeds of the collection;

the amount applied for the purposes of the collection.

In this section:

net proceeds, of a collection, means the amount obtained by subtracting the expenses mentioned in subsection (1) (b) from the proceeds mentioned in subsection (1) (a).

The required information for a report to the director‑general about a collection is a statement of the following amounts for the collection:

the proceeds of the collection (including any amounts realised from benefits received for the purposes of the collection);

the amount of lawful and proper expenses under the Act, section 44 (3) for the collection;

the net proceeds of the collection;

the amount applied for the purposes of the collection.

To remove any doubt, subsection (1) does not limit the information that may be included in the report to the director‑general.

In this section:

net proceeds, of a collection, means the amount obtained by subtracting the expenses mentioned in subsection (1) (b) from the proceeds mentioned in subsection (1) (a).

This section applies to a licensee if the proceeds received in the ACT by the licensee from collections carried out completely or partly in the ACT is, in any 12-month period, more than $50 000.

The licensee must give the director‑general audited annual accounts for the year or years in which the collections were carried out.

However, if the annual accounts include the proceeds of collections carried out in both the ACT and a State, the accounts need not separately identify the amount collected in the ACT.

Part 5 Miscellaneous