Unlicensed charitable collections
10 Unlicensed charitable collections
Where any person or any body, combination, or committee of persons —
collects or has collected any moneys or articles for or in aid of any charitable purpose but with respect to which —
no application for a licence under section 11 of the Act has been made to or granted by the Commissioner; and
in the case of a Commonwealth registered entity, the entity is not taken to hold a licence under section 6(6) of the Act;
or
receives or has received or has under or in their control, possession, order or disposition, any moneys or articles which have been collected for or in aid of any charitable purpose referred to in the preceding paragraph,
and such person or any such body, combination or committee of persons neglects or refuses to make application for authority under section 11 of the Act (or, in the case of a Commonwealth registered entity, to give notice under section 6(6)(b) of the Act), or to obey any lawful order or direction of the Commissioner, the Commissioner may, on the advice of the advisory committee, direct that any moneys or securities for moneys or any articles collected as aforesaid or a sum equivalent to the amount of moneys originally collected shall be —
applied to purposes connected with the charitable purpose as if such moneys or articles had been collected by a charitable organisation; or
vested in and transferred to a charitable organisation; or
vested in and transferred to the Commissioner for allotment to a charitable purpose.
A person given a direction under subregulation (1) must comply with the direction.
Penalty for this subregulation: a fine of $1 000.
The provisions of this regulation and any direction given by the Commissioner hereunder shall not exempt any person from liability for any breach of the Act or regulations.
[Regulation 10 amended: Act No. 113 of 1965 s. 8; Gazette 24 Dec 2019 p. 4417; SL 2020/120 r. 6; SL 2026/153 r. 9.]
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