Collections for Charitable Purposes Act 1939

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.

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.