s 1Short title
This Act may be cited as the Charitable Collections Act 1946.
This Act may be cited as the Charitable Collections Act 1946.
This Act shall come into force upon a day to be fixed by proclamation.
The War Funds Regulation Act 1939 is hereby repealed.
This Act shall be construed as subject to the provisions of the Street Collections (Regulation) Act 1940 (No. 55 of 1940), the intention being that any provision of that Act or any regulation or by‑law made thereunder shall be paramount to any provision of this Act or any regulation or by‑law made thereunder in the case of repugnancy or inconsistency.
In this Act —
charitable purpose means —
the affording of relief to diseased, sick, infirm, incurable, poor, destitute, helpless or unemployed persons, or to the dependants of any such persons;
the relief of distress occasioned by war, whether occasioned in Western Australia or elsewhere;
the supply of equipment to any of His Majesty’s naval, military, or air forces, including the supply of ambulances, hospitals and hospital ships;
the supply of comforts or conveniences to members of the said forces;
the affording of relief, assistance or support to persons who are or have been members of the said forces or to the dependants of any such persons;
the support of hospitals, infant health centres, kindergartens and other activities of a social welfare or public character;
any other benevolent, philanthropic or patriotic purpose.
Commissioner has the meaning given in the Fair Trading Act 2010 section 6.
Commonwealth Act means the Australian Charities and Not‑for‑profits Commission Act 2012 (Commonwealth);
Commonwealth Commissioner means the Commissioner of the Australian Charities and Not‑for‑profits Commission established under the Commonwealth Act section 110‑5;
Commonwealth registered entity means an entity registered under the Commonwealth Act Part 2‑1;
licence means a licence —
granted under section 11(3); or
that is taken to be held by a Commonwealth registered entity under section 6(6);
maladministration means any act in reference to moneys or securities for moneys or goods collected or held for any charitable purpose, performed by the persons, society, body or association who or which are or is the trustees or trustee thereof, in contravention of the duties imposed on them or it by the trusts or in excess of those duties, and any neglect or omission on their or its part to fulfil those duties.
securities for money includes real and personal estate.
[Section 5 amended: No. 25 of 2019 s. 9; No. 18 of 2025 s. 4.]
No person shall —
collect or attempt to collect any money or goods for any charitable purpose; or
obtain or attempt to obtain money by the sale of any disc, badge, token, flower or other device for any charitable purpose; or
conduct any entertainment or function to which any charge for admission is made, or sell or attempt to sell any ticket for admission to any entertainment or function in any case where it is held out that any part of the proceeds of the entertainment or function are to be devoted (either wholly or partly) for any charitable purpose; or
advertise, whether by way of poster, streamer, handbill, notice in any newspaper or any other means or hold out or represent in any manner that the whole or any part of the proceeds of any sports, races, fete, bazaar or other function will be paid into or applied for any charitable purpose,
unless the person is —
the holder of a licence; or
a member of the committee or other governing body, of a society, body, or association which is the holder of a licence and who is authorised by such licensee; or
authorised to do so by a person, society, body or association which holds a licence,
and except in accordance with such licence and authority.
Penalty for this subsection: a fine of $20 000.
[(2) deleted]
In any proceedings for an offence against this section the prosecution need not negative any of the matters specified in subsection (1)(e), (f) or (g), but it shall lie on the accused to prove any of those matters on which the accused relies.
This section shall apply whether the money or goods are collected or attempted to be collected solely for any charitable purpose or partly for any charitable purpose and partly for any other purpose.
The Governor may by proclamation exempt collections in aid of any charitable purpose specified therein from the operation of this section.
Subject to subsections (7) and (8), a Commonwealth registered entity is taken to hold a licence for the purposes of this Act —
while the entity remains registered under the Commonwealth Act; and
if the entity has given notice of its intention to do any of the things in subsection (1)(a) to (d) to the Commissioner.
A Commonwealth registered entity is not taken to hold a licence under subsection (6) if the licence has been revoked under section 12A(2).
Also, a Commonwealth registered entity is not taken to hold a licence under subsection (6) if the entity has been granted a licence under section 11(3) and that licence has not been revoked under section 12A(2).
A notice given under subsection (6) must be in a form approved by the Commissioner.
[Section 6 amended: No. 113 of 1965 s. 8; No. 84 of 2004 s. 82; No. 8 of 2009 s. 28(2) and (3); No. 25 of 2019 s. 10; No. 18 of 2025 s. 5 and 20.]
[7. Deleted: No. 18 of 2025 s. 6.]
Any person, society, body or association being the holder of a licence may give any authority referred to in section 6 by any means approved by the Commissioner either generally or in any particular case. Any such approval may be revoked by the Commissioner.
[Section 8 amended: No. 25 of 2019 s. 11; No. 18 of 2025 s. 20.]
9. Revocation of authority by society etc.
Any person, society, body or association being the holder of a licence 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 shall, if the authority was given in writing, within 7 days after notice in writing of the revocation produce and deliver the same together with any moneys, books, vouchers or other things held or controlled by virtue of such authority, to such firstmentioned person or to a member of the committee or other governing body of such society, body or association.
Any such person to whom such authority is given who fails to produce or deliver such authority, together with any moneys, books, vouchers or other things held or controlled by virtue of such authority, as aforesaid shall be guilty of an offence.
Penalty for this subsection: a fine of $5 000.
[Section 9 amended: No. 113 of 1965 s. 8; No. 25 of 2019 s. 12; No. 18 of 2025 s. 20.]
There shall be an advisory committee for the purposes of this Act.
There shall be 5 members of the committee who shall from time to time be appointed by the Minister in accordance with the regulations.
The Minister shall from time to time appoint one of the members of the committee to be the chairperson of the committee.
[Section 8 amended: No. 18 of 2025 s. 7.]
An application for a licence must be made to the Commissioner, who may refer the application for consideration and report by the advisory committee.
An application for a licence may be made by a person who is authorised to do so by the applicant.
In considering any application for a licence the advisory committee may take into account any matters the committee considers fit.
After considering the report of the advisory committee (if any) on an application, the Commissioner may, in the Commissioner’s discretion, grant or refuse a licence to any applicant and shall not be liable to any proceedings whatsoever as a consequence of any refusal.
[Section 11 amended: No. 25 of 2019 s. 13; No. 18 of 2025 s. 8 and 20.]
A licence granted under section 11(3) may authorise collections to be made, money to be obtained, or entertainments to be conducted, for such period or for such occasions as the Commissioner thinks fit, or may authorise collections to be made, money to be obtained, or entertainments to be conducted, during such time as the licence remains unrevoked.
A licence that a Commonwealth registered entity is taken to hold under section 6(6) authorises collections to be made, money to be obtained, or entertainments to be conducted —
for such period or for such occasions as the Commissioner may notify from time to time; or
if no period or occasion is notified, while the licence remains unrevoked.
A licence may be granted under section 11(3) subject to any condition imposed by the Commissioner.
The Commissioner may, at any time —
impose a condition on a licence; or
vary a condition on a licence; or
revoke a condition on a licence.
The Commissioner must give written notice of the imposition, variation or revocation of a condition on a licence under subsection (3) to the holder of the licence.
The imposition, variation or revocation of a condition on a licence under subsection (3) takes effect on notice being given under subsection (3A).
Where a condition of a licence requires that before being made, any proposed contract or arrangement, relating to payment from moneys in hand or to be obtained for any charitable purpose, shall be submitted to and approved by the Commissioner —
any contract or arrangement made after the coming into operation of the Charitable Collections Act Amendment Act 1949, without having been so submitted and approved shall, subject to paragraph (b), be void;
any money received by any person in purported pursuance of a contract or arrangement which is void under paragraph (a) shall be recoverable in any court of competent jurisdiction as a debt due from that person at the suit of the Commissioner or a person authorised by the Commissioner to sue.
Where money is recovered under subsection (4)(b), it shall, subject to the provisions of this Act, be appropriated to the charitable purpose for which it was obtained, but if the cost of recovery has not been recovered, that cost may first be deducted.
[Section 12 amended: No. 2 of 1949 s. 3; No. 25 of 2019 s. 14; No. 18 of 2025 s. 9.]
If the Commissioner proposes to revoke a licence (proposed revocation), the Commissioner may refer the proposed revocation for recommendation by the advisory committee under section 13.
After considering the recommendation of the advisory committee (if any) on a proposed revocation, the Commissioner may at any time revoke a licence.
The Commissioner must give written notice of the revocation of a licence under subsection (2) to the holder of the licence.
The revocation of a licence under subsection (2) takes effect on notice being given under subsection (3).
[Section 12A inserted: No. 18 of 2025 s. 10.]
The regulations may prescribe —
a code of conduct for the purpose of regulating the holders of licences and persons authorised by them; and
transitional provisions for the coming into effect of the code of conduct.
A provision of a code of conduct prescribed under subsection (1) —
is taken to be a condition of a licence; but
cannot be varied under section 12(3)(b) or revoked under section 12(3)(c).
[Section 12B inserted: No. 18 of 2025 s. 10.]
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