Collections for Charitable Purposes Act 1939

This Act may be cited as the Collections for Charitable Purposes Act 1939.

In this Act—

body means a body whether corporate or unincorporate;

charitable purpose means—

the provision of, or assistance or support to the provision of, health services (within the meaning of the Health Care Act 2008) or research in the field of health or such health services;

the affording of relief, assistance or support to diseased, disabled, sick, infirm, incurable, poor, destitute, helpless, or unemployed persons, or to the dependents of any such persons;

the relief of distress occasioned by war, whether occasioned in South Australia or elsewhere;

the affording of relief, assistance, or support to persons who are or have been members of the armed forces of Australia or to the dependents of any such persons;

the provision of welfare services for animals;

code of practice means a code of practice issued by the Minister and published in the Gazette for the purpose of regulating licensees and those authorised by licensees under this Act;

collection contract means a contract under which a person agrees to act as a paid collector for a person, society, body or association;

collector—a person acts as a collector if the person (either personally or through the agency of another person)—

collects, or attempts to collect, money or property wholly or partly for a charitable purpose; or

charges, or attempts to charge, for admission to an entertainment in relation to which it is held out that the proceeds are to be devoted wholly or partly to a charitable purpose; or

obtains, or attempts to obtain, money wholly or partly for a charitable purpose by the sale of a disc, badge, token, flower, ribbon or other device; or

obtains, or attempts to obtain, a bequest, devise or other grant of money or property wholly or partly for a charitable purpose;

Commonwealth Act means the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth;

Commonwealth Commissioner means the Commissioner of the Australian Charities and Not-for-profits Commission established under the Commonwealth Act;

Commonwealth registered entity means an entity registered under the Commonwealth Act;

inspector means a person appointed by the Minister as an inspector under section 15A;

paid collector—a person acts as a paid collector if the person receives valuable consideration to act as a collector;

property includes real and personal property;

section 6 licence means a licence granted under this Act for the purposes of section 6.

The Minister may, by notice in the Gazette, delegate any of the Minister's powers or functions under this Act—

to a particular person or body; or

to the person for the time being occupying a particular position.

A delegation under this section—

may be absolute or conditional; and

does not derogate from the power of the Minister to act in any matter; and

may be varied or revoked by the Minister by subsequent notice in the Gazette.

A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.

Subject to this section, a person must not act as a collector unless the person holds, or is authorised by the holder of, a section 6 licence.

Maximum penalty: $8 000.

Subsection (1) does not apply if—

the person—

only collects or attempts to collect money or property from persons known to the person or with whom the person regularly associates; and

provides all of the money or property so collected to the holder of a section 6 licence; and

is not a paid collector; or

the person—

only collects or attempts to collect property for the purpose of affording relief to a particular person or to the dependants of a particular person; and

provides all of the property so collected to that person or to those dependants; and

is not a paid collector.

A Commonwealth registered entity is, on giving written notice to the Minister (in accordance with any requirements of the Minister) of its intention to act as a collector, taken to hold a section 6 licence for the purposes of this Act while the entity remains a Commonwealth registered entity.

The Minister may keep a list of entities who give notice to the Minister under subsection (3) on a website maintained by the Minister.

A Commonwealth registered entity's authority to act as a collector under subsection (3) is subject to—

the condition that the entity or any other person authorised by the holder of the licence to act as a collector comply with the code of practice (as in force from time to time); and

any other condition imposed by the Minister by notice in writing to the entity.

The Minister may, by notice in writing to the entity, vary or revoke a condition imposed under subsection (5)(b) or add conditions to the entity's authority to act as a collector.

The Minister may, by notice in writing to the entity, suspend or revoke a Commonwealth registered entity's authority to act as a collector on any of the following grounds:

that donations (whether of money or goods) received for charitable purposes by the entity have been mismanaged or misapplied;

that excessive commission or remuneration has been, or is to be, paid to any person acting as a collector under the authority of the entity, or acting in connection with an entertainment conducted under the authority of the entity, out of the proceeds of the collection or entertainment (as the case may be), or that the proportion of those proceeds that is, or is to be, applied towards charitable purposes is for any other reason inadequate;

the entity's contravention of or failure to comply with a condition of the entity's authority to act as a collector or a requirement under this Act;

that any other circumstances exist that justify, in the opinion of the Minister, suspension or revocation of the entity's authority to act as a collector.

Suspension of a Commonwealth registered entity's authority to act as a collector under this section may be for a specified period or until the fulfilment of stipulated conditions or until further notice by the Minister.

If the Minister revokes a Commonwealth registered entity's authority to act as a collector under this section, the Minister may prohibit the entity from giving notice under subsection (3) for a specified period or until the fulfilment of stipulated conditions or until further notice by the Minister.

In addition, the following provisions apply in connection with the operation of subsection (3):

the entity will be treated, for the purposes of this Act, as if it had been granted a section 6 licence on the day on which the notice under subsection (3) was given to the Minister (subject to any express provision to the contrary);

the entity's authority to act as a collector under subsection (3) continues until—

it is suspended or revoked in accordance with subsection (7); or

the entity's registration is revoked under the Commonwealth Act (and in such case the entity ceases to be taken to hold a section 6 licence for the purposes of this Act on the day on which the revocation is made);

any section 6 licence held by the entity (by virtue of the grant of a licence pursuant to an application under section 11) (an existing licence) in operation at the time of the giving of notice under subsection (3) is cancelled by force of this section;

despite paragraph (c), the requirements of section 15 continue to apply in relation to money collected or received under the existing licence during the financial year or statement period (within the meaning of section 15) in which the existing licence is cancelled.

A person who acts as a collector by placing an unattended collection box in a public place must ensure that the collection box is marked, in a reasonably prominent position, with the following information:

the name of, and contact details for, the holder of the section 6 licence under which the person is authorised to act as a collector and, if the holder of that licence has previously submitted a statement under section 15(2)(b), particulars of the website maintained by the Minister under section 15(6) or any other website at which the last such statement submitted by the holder of that licence can be inspected;

any other information prescribed by regulation.

A paid collector who contravenes or fails to comply with subsection (1) is guilty of an offence.

Maximum penalty: $4 000.

The holder of a section 6 licence must take reasonable steps to ensure that each person authorised to act as a collector by the holder of the licence is aware of his or her obligations under this section and is provided with the information referred to in subsection (1).

Maximum penalty: $8 000.

For the purposes of this section, a collection box that is not attended by any person who is the holder of a section 6 licence in respect of the collection, or authorised by the holder of such a licence, will be taken to be an unattended collection box.

In this section—

collection box includes any form of receptacle for the collection of money, whether the money is to be placed in the receptacle as a donation or for the purchase of a disc, badge, token, flower, ribbon or other device.

A person who acts as a collector must tell each person from whom money or property, or a bequest, devise or other grant of money or property, is collected or obtained or attempted to be collected or obtained—

his or her name or, if the person is issued with a unique identifier by the holder of the section 6 licence under which the person is authorised to act as a collector, that unique identifier; and

whether or not the person is acting as a paid collector.

However, subsection (1) does not apply to a person acting as a collector if the person—

can be seen by the persons from whom money or property, or a bequest, devise or other grant of money or property, is collected or obtained or attempted to be collected or obtained; and

is wearing a badge, in a reasonably prominent position, which contains the information specified in subsection (1).

A paid collector who contravenes or fails to comply with subsection (1) is guilty of an offence.

Maximum penalty: $4 000.

A person who acts as a collector must, at the request of a person from whom money or property, or a bequest, devise or other grant of money or property, is collected or obtained or attempted to be collected or obtained, provide the following information to the person:

the name of, and contact details for, the holder of the section 6 licence under which the person is authorised to act as a collector;

—

in the case of the holder of a section 6 licence that has previously submitted a statement under section 15(2)(b)—particulars of the website maintained by the Minister under section 15(6) or any other website at which the last such statement submitted by the holder of that licence can be inspected; or

in the case of a Commonwealth registered entity taken to hold a section 6 licence for the purposes of this Act that has submitted information under section 15(9)—particulars of the website maintained by the Commonwealth Commissioner under the Commonwealth Act or any other website at which the last such information submitted by the entity can be inspected;

any other information prescribed by regulation.

A paid collector who contravenes or fails to comply with subsection (4) is guilty of an offence.

Maximum penalty: $4 000.

The holder of a section 6 licence must take reasonable steps to ensure that each person authorised to act as a collector by the holder of the licence is aware of his or her obligations under this section and is provided with the information referred to in subsection (4).

Maximum penalty: $8 000.

This section does not apply to a person who acts as a collector in the manner described in section 6B.

This section applies to an entertainment if—

a charge is made for admission to the entertainment; and

it is held out that the proceeds, or part of the proceeds, of the entertainment are to be devoted to a charitable purpose.

If any speaker or other performer at an entertainment to which this section applies is to be paid a fee or commission of an amount that exceeds, or is likely to exceed, the prescribed amount, the holder of the section 6 licence under which a person is authorised to conduct the entertainment must, at the request of any person, tell the person the amount, or likely amount, of any such fee or commission.

Maximum penalty: $8 000.

For the purposes of subsection (3), the value of any non‑monetary consideration to be provided to a person (including the value of any travel or accommodation costs to be paid in respect of the person's attendance at the relevant entertainment) must be taken into account in determining the amount of the fee or commission that is to be paid to the person.

A person who conducts an entertainment to which this section applies must not cause or permit an advertisement relating to the entertainment to be published by radio, television, newspaper or in any other way or a ticket for admission to the entertainment to be sold unless the advertisement or ticket contains the following information:

the name of, and contact details for, the holder of the section 6 licence under which the person is authorised to conduct the entertainment;

—

in the case of the holder of a section 6 licence that has previously submitted a statement under section 15(2)(b)—particulars of the website maintained by the Minister under section 15(6) or any other website at which the last such statement submitted by the holder of that licence can be inspected; or

in the case of a Commonwealth registered entity taken to hold a section 6 licence for the purposes of this Act that has submitted information under section 15(9)—particulars of the website maintained by the Commonwealth Commissioner under the Commonwealth Act or any other website at which the last such information submitted by the entity can be inspected;

if subsection (3) applies—a statement indicating that performers payment details can be obtained from the holder of the section 6 licence;

any other information prescribed by regulation.

Maximum penalty: $8 000.

In this section—

prescribed amount means—

if an amount is prescribed by regulation for the purposes of this definition—that amount;

if no amount is prescribed by regulation for the purposes of this definition—$5 000.

Any person, society, body, or association being the holder of a section 6 licence may give any authority referred to in section 6 by any means approved, from time to time, by the Minister either generally or in a particular case.

An authority given by the holder of a section 6 licence may be subject to such conditions as the holder of the licence thinks fit.

Any person, society, body, or association being the holder of a licence under this Act who or which gives any authority referred to in section 6 may revoke any such authority, and when any such authority is revoked the person to whom it was given must, if the authority was given in writing, within seven days after notice in writing of the revocation produce and deliver the written authority to such person, society, body or association or to a member of the committee or other governing body of such society, body, or association.

A person who fails to produce and deliver a written authority as required by subsection (1) is guilty of an offence.

Maximum penalty: $8 000.

An application for a licence under this Act must be made to the Minister.

The Minister may, in his or her discretion, grant or refuse a licence to any applicant and will not be liable to any proceedings whatsoever as a consequence of any refusal.

Subject to this section, a licence granted by the Minister under this Act remains in force for the period or periods specified in the licence.

A licence may be granted subject to any conditions the Minister thinks fit including (without limitation)—

conditions limiting the proportion of the proceeds of collections and entertainments which may be applied as commission or other remuneration to persons acting as collectors under the licence or to other persons concerned in the collections or entertainments to which the licence applies; and

conditions requiring the holder of the licence or any other person authorised by the holder of the licence, to comply with the provisions of the code of practice (as in force from time to time).

The Minister may, at any time, by notice in writing to the licensee, vary or revoke the conditions on which a licence was granted under this Act or add conditions to a licence granted under this Act.

The Minister may, by notice in writing to the licensee, suspend or revoke a licence on any of the following grounds:

that donations (whether of money or goods) received for charitable purposes by the licensee have been mismanaged or misapplied; or

that excessive commission or remuneration has been, or is to be, paid to any person acting as a collector under the licence, or acting in connection with the conduct of an entertainment to which the licence relates, out of the proceeds of the collection or entertainment (as the case may be), or that the proportion of those proceeds that is, or is to be, applied towards charitable purposes is for any other reason inadequate; or

the licensee's contravention of or failure to comply with a condition of the licence or a requirement under this Act; or

that any other circumstances exist that justify, in the opinion of the Minister, suspension or revocation of the licence.

Suspension of a licence under this section may be for a specified period or until the fulfilment of stipulated conditions or until further notice by the Minister.

This section does not apply to a licence that is, under section 6(3), taken to be held by a Commonwealth registered entity.

No fee may be charged for any licence under this Act.