Long Title
Collections for Charities Act 2001
Collections for Charities Act 2001
This Act may be cited as the Collections for Charities Act 2001.
This Act commences on a day to be proclaimed.
In this Act, unless the contrary intention appears – administrator means a person appointed by a magistrate to perform the functions specified in section 16; charitable purpose includes a benevolent, philanthropic or patriotic purpose and any purpose for the protection of the environment or the welfare of animals;Commissioner means the Commissioner for Corporate Affairs holding office under section 4 of the Commissioner for Corporate Affairs Act 1980, and includes any person holding that office in an acting capacity; contravene includes fail to comply with; donation includes money, goods or services, donated or bequeathed; magistrate means a magistrate sitting in the small claims division of the Magistrates Court established under the Magistrates Court (Small Claims Division) Act 1989; organisation means a group of persons or bodies formed for the purpose of achieving a common goal; person includes an organisation and an association; principal office means the primary place where the business of an organisation is conducted and where the officers of the organisation are ordinarily located or can be contacted; regulations means regulations made and in force under this Act; solicit means to seek a donation by a request communicated in person or – by mail; or by facsimile transmission; or by telephone; or by e-mail; or by the internet; or by a document left on premises; or by any appeal through the media; sunset means – in January, November and December in any year, 8 p.m. Australian Eastern Standard Time; or in February, March, April, September and October in any year, 7 p.m. Australian Eastern Standard Time; or in May, June, July and August in any year, 5 p.m. Australian Eastern Standard Time.
An approved statute is taken to be any statute specified in the regulations as an approved statute for the purposes of this Act and includes the following:
| Associations Incorporation Act 1964 of Tasmania; |
| Associations Incorporation Act 1981 of Queensland; |
| Associations Incorporation Act 1981 of Victoria; |
| Associations Incorporation Act 1984 of New South Wales; |
| Associations Incorporation Act 1985 of South Australia; |
| Associations Incorporation Act 1987 of Western Australia; |
| Associations Incorporation Act 1991 of the Australian Capital Territory; |
| Associations Incorporation Act of the Northern Territory; |
| Corporations Act. |
A relevant Act is taken to be any Act specified in the regulations as a relevant Act for the purposes of this Act and includes the following:
| Charitable Collections Act 1946 of Western Australia; |
| Charitable Fundraising Act 1991 of New South Wales; |
| Collections Act 1966 of Queensland; |
| Collections Act 1959 of the Australian Capital Territory; |
| Collections for Charitable Purposes Act 1939 of South Australia; |
| Fundraising Appeals Act 1998 of Victoria. |
A provision of this Act which restricts or prohibits any action by an organisation is taken to impose the same restriction or prohibition on the actions of any person, whether acting on behalf of the organisation or on his or her own behalf.
This Act applies to any soliciting for charitable purposes unless the soliciting is –
a request for the renewal of membership; or an appeal by an organisation to its members; or an appeal within premises that are used by a club; or an appeal within premises that are used by a religious organisation; or an appeal to a Commonwealth, State or local authority; or for the sale of goods or services; or for a raffle; or soliciting for an activity to which the Gaming Control Act 1993 applies; or for a prescribed organisation or an organisation of a prescribed class; or soliciting of a type authorised by the regulations.
A person must not solicit for a charitable purpose unless – that soliciting is on behalf of an organisation which complies with subsection (2) or holds an authority in writing granted by the Commissioner for a specified period; or that soliciting is by a person by virtue of an authority in writing granted by the Commissioner for a specified period. Fine not exceeding 50 penalty units.
An organisation must not solicit for a charitable purpose unless it is – an incorporated association or a corporation under an approved statute in the State or Territory in which the principal office of that organisation is located; or an organisation that is approved by the Governor by an order-in-Council for the purposes of this Act or a member of a class of organisation that is so approved; or an organisation that is approved by the Commissioner in writing for a specified period.
Where an organisation is an incorporated association in a State or Territory other than Tasmania or is a corporation whose principal office is located in a State or Territory other than Tasmania, that organisation must not solicit for any charitable purpose unless the organisation is first approved by the Commissioner. Fine not exceeding 50 penalty units.
The Commissioner may – impose conditions on an approval under this section; and revoke an approval.
A condition imposed on an approval may – apply to organisations generally, a particular organisation or a class of organisations; and provide that the approval is for a limited period or for a certain event.
The Commissioner may revoke an approval if satisfied that – an offence has, or may have, been committed or is likely to be committed; or an investigation is being, or is to be, conducted into the organisation and the Commissioner considers it appropriate to revoke the approval; or a condition of the approval has not been met; or the period or event for which the approval was granted has passed.
If the Commissioner revokes an approval, he or she may determine a period within which the organisation is not to seek a further approval.
On the revocation of an approval, the Commissioner is to notify the organisation of – the revocation and the reasons for it; and any period determined under subsection (5).
An organisation must not solicit for a charitable purpose if, arising from any activity in any other State or a Territory, including soliciting for charitable purposes, that organisation is required to hold a licence or other authority under one or more relevant Acts and that licence or authority is not in force.
Fine not exceeding 50 penalty units.
An organisation must not permit a person under the age of 16 years to solicit for a charitable purpose unless –
that person is under the supervision of an adult person; and in the case of a person under the age of 12 years, that person is also under the immediate control of an adult person.
Fine not exceeding 10 penalty units.
A person must not, by telephone, solicit for a charitable purpose at any residential premises before 9 a.m. or after 8 p.m. on any day. Fine not exceeding 20 penalty units.
A person must not, in person, solicit for a charitable purpose at any residential premises before 9 a.m. or after 8 p.m. or sunset, whichever is the earlier, on any day. Fine not exceeding 20 penalty units.
A person must not by request in person solicit for any charitable purpose unless the soliciting is in a public place or unless he or she states – the name of the organisation that he or she represents; and the purpose for which the donation is sought; and any other information required by the regulations. Fine not exceeding 10 penalty units or imprisonment for a period not exceeding 3 months.
A person must not by request in person solicit for any charitable purpose unless he or she displays an identity card indicating – the name of the person; and the name of the organisation that he or she represents; and the State or Territory in which the principal office of that organisation is located; and any other information required by the regulations. Fine not exceeding 10 penalty units or imprisonment for a period not exceeding 3 months.
A person must not by request by telephone solicit for any charitable purpose, unless he or she states – his or her name; and the name of the organisation that he or she represents; and the State or Territory in which the principal office of that association is located; and any other information required by the regulations. Fine not exceeding 10 penalty units or imprisonment for a period not exceeding 3 months.
An organisation must not, by request in writing (whether or not that request is to a particular person) or through any electronic media or in an advertisement, solicit for a charitable purpose unless he or she discloses in that writing, electronic media or advertisement – a statement of the purpose for which the donation is sought; and the name of the organisation; and the address of the principal office of the organisation; and a contact telephone number for the organisation; and any other information required by the regulations. Fine not exceeding 10 penalty units or imprisonment for a period not exceeding 3 months.
An organisation must not permit any of its officers, agents or employees to engage in any activity which contravenes a provision of this Act.
Fine not exceeding 50 penalty units.
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