South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Collections for Charitable Purposes (Miscellaneous)
Amendment Bill 2007
A BILL FOR
An Act to amend the Collections for Charitable Purposes
Act 1939.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Collections for Charitable
Purposes Act 1939
4 Amendment of section
4—Interpretation
5 Substitution of sections 6, 6A and
7
5 Delegation by
Minister
6 Collectors must be authorised by
licence
6A Licence requirements where collection
contract entered into
6B Disclosure requirements for
collectors—unattended collection
boxes
6C Disclosure requirements for
collectors—other collections
7 Licence required
in relation to certain entertainments
6 Amendment of section
12—Conditions of licence etc
7 Substitution of section
15
15 Accounts, statements and
audit
15A Appointment of
inspectors
15B Powers of
inspectors
15C False and misleading
statements
15D Dishonest, deceptive or misleading
conduct
8 Substitution of section
18
18 Exemptions
18A Immunity of
persons engaged in administration of Act
18B Service of
notices etc
18C Evidentiary
Schedule 1—Statute law revision amendment of
Collections for Charitable Purposes Act 1939
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Collections for Charitable Purposes
(Miscellaneous) Amendment Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Collections for Charitable Purposes
Act 1939
4—Amendment of
section 4—Interpretation
Section 4, definitions of collection contract and
Minister—delete the definitions and substitute:
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—
(a) collects or attempts to collect money or property wholly or partly for
a charitable purpose; or
(b) 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
(c) obtains or attempts to obtain a bequest, devise or other grant of
money or property wholly or partly for a charitable purpose;
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;
5—Substitution of
sections 6, 6A and 7
Sections 6, 6A and 7—delete the sections and substitute:
5—Delegation by Minister
(1) The Minister may, by notice in the Gazette, delegate any of the
Minister's powers or functions under this Act—
(a) to a particular person or body; or
(b) to the person for the time being occupying a particular
position.
(2) A delegation under this section—
(a) may be absolute or conditional; and
(b) does not derogate from the power of the Minister to act in any matter;
and
(c) may be varied or revoked by the Minister by subsequent notice in the
Gazette.
(3) A power or function delegated under this section may, if the
instrument of delegation so provides, be further delegated.
6—Collectors must be authorised by
licence
(1) Subject to subsection (2), 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: Division 6 fine.
(2) It is not an offence for a person to collect or attempt to collect
property for the purpose of affording relief to a particular person or to the
dependants of a particular person if all of the property so collected is applied
for that purpose.
6A—Licence requirements where collection contract
entered into
A paid collector must not employ or engage another person (whether or not
for valuable consideration) to act as a collector in performance of the paid
collector's obligations under a collection contract unless the paid collector is
the holder of a section 6A licence.
Maximum penalty: Division 6 fine.
6B—Disclosure requirements for
collectors—unattended collection boxes
(1) 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:
(a) 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;
(b) any other information prescribed by regulation.
(2) A paid collector who contravenes or fails to comply with
subsection (1) is guilty of an offence.
Maximum penalty: Division 7 fine.
(3) 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: Division 6 fine.
(4) The holder of a section 6A licence must take reasonable steps to
ensure that each person employed or engaged (whether or not for valuable
consideration) 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: Division 6 fine.
(5) 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.
(6) 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.
6C—Disclosure requirements for
collectors—other collections
(1) 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—
(a) 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
(b) whether or not the person is acting as a paid collector.
(2) However, subsection (1) does not apply to a person acting as a
collector if the person—
(a) 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
(b) is wearing a badge, in a reasonably prominent position, which contains
the information specified in subsection (1).
(3) A paid collector who contravenes or fails to comply with
subsection (1) is guilty of an offence.
Maximum penalty: Division 7 fine.
(4) 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:
(a) 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;
(b) any other information prescribed by regulation.
(5) A paid collector who contravenes or fails to comply with
subsection (4) is guilty of an offence.
Maximum penalty: Division 7 fine.
(6) 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: Division 6 fine.
(7) The holder of a section 6A licence must take reasonable steps to
ensure that each person employed or engaged (whether or not for valuable
consideration) 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: Division 6 fine.
(8) This section does not apply to a person who acts as a collector in the
manner described in section 6B.
7—Licence required in relation to certain
entertainments
(1) This section applies to an entertainment if—
(a) a charge is made for admission to the entertainment; and
(b) it is held out that the proceeds, or part of the proceeds, of the
entertainment are to be devoted to a charitable purpose.
(2) A person must not—
(a) conduct an entertainment to which this section applies; or
(b) sell or attempt to sell a ticket for admission to an entertainment to
which this section applies,
unless the person holds, or is authorised by the holder of, a
section 7 licence.
Maximum penalty: Division 6 fine.
(3) If any speaker or other performer at an entertainment to which this
section applies is to be—
(a) paid a fee or commission that exceeds, or is likely to exceed, the
prescribed amount; or
(b) provided with other consideration of a value that exceeds, or is
likely to exceed, the prescribed amount,
the holder of the section 7 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 or the value, or
likely value, of any such consideration (as the case may require).
Maximum penalty: Division 6 fine.
(4) 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:
(a) the name of, and contact details for, the holder of the section 7
licence under which the person is authorised to conduct the entertainment 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;
(b) if subsection (3) applies—a statement indicating that
performers payment details can be obtained from the holder of the section 7
licence;
(c) any other information prescribed by regulation.
Maximum penalty: Division 6 fine.
(5) In this section—
prescribed amount means—
(a) if an amount is prescribed by regulation for the purposes of this
definition—that amount;
(b) if no amount is prescribed by regulation for the purposes of this
definition—$5 000.
6—Amendment of
section 12—Conditions of licence etc
(1) Section 12(1) to (3)—delete subsections (1) to (3) (inclusive)
and substitute:
(1) A licence granted by the Minister under this Act remains in force for
the period or periods specified in the licence or until revoked by the
Minister.
(2) A licence may be granted subject to any conditions the Minister thinks
fit including (without limitation)—
(a) 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
(b) conditions requiring the holder of the licence or any other person
authorised by the holder of the licence, to comply with the provisions of a code
of practice issued by the Minister.
(3) The Minister may, at any time, vary or revoke the conditions on which
a licence was granted under this Act or add conditions to a licence granted
under this Act.
(2) Section 12(4)—delete "exercise his power to"
(3) Section 12(4)(b)—delete "in respect of the collection of
donations in pursuance of the licence out of the proceeds of the collection" and
substitute:
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)
(4) Section 12(4)(ba)—after "licence" insert:
or a requirement under this Act
Section 15—delete the section and substitute:
15—Accounts, statements and
audit
(1) If the holder of a licence under this Act collects or receives money
for a charitable purpose during a financial year or other period specified in
the licence (the statement period), the holder of the licence
must—
(a) keep proper accounts relating to the money; and
(b) after the end of the statement period, have the accounts audited by a
person who is authorised to audit the accounts of a prescribed association under
Part 4 Division 2 of the Associations Incorporation Act 1985 or
is approved by the Minister for the purposes of this section.
(2) The holder of a licence under this Act must, at the time or times
fixed in the licence, provide to the Minister—
(a) a copy of the audited accounts for the last ending statement period;
and
(b) a statement setting out—
(i) the amount of money collected or received by the licensee during the
last ending statement period; and
(ii) the costs associated with collection or receipt of the money;
and
(iii) the manner in which the money has been dealt with; and
(iv) any other information required by the Minister.
(3) The Minister may at any time, by notice in writing to the holder of a
licence, require the holder of the licence to provide to the Minister, within a
specified time—
(a) a statement setting out specified information relating to money or
property collected or received by the holder of the licence for charitable
purposes; or
(b) specified documents (which may include a written record reproducing in
an understandable form information stored by computer, microfilm or other
process) in the custody or control of the holder of the licence that relate to
money or property collected or received by the holder of the licence for
charitable purposes.
(4) A statement required to be provided to the Minister under this section
must be verified in a manner required by the Minister.
(5) If the holder of a licence under this Act sells, or otherwise converts
into money, any property collected or received by the holder of the licence for
a charitable purpose, the money so obtained is, for the purposes of this
section, money collected or received by the holder of the licence for a
charitable purpose.
(6) The Minister must publish on a website maintained by the
Minister—
(a) the name of, and contact details for, any person who holds a licence
under this Act; and
(b) the contents of any statement submitted to the Minister under this
section or a summary of, or extract from, any such statement.
(7) If the holder of a licence contravenes or fails to comply with a
provision of this section—
(a) in the case of a licence held by a natural person—the person is
guilty of an offence; or
(b) in the case of a licence held by a body corporate—the body
corporate and each member of the governing body of the body corporate are guilty
of an offence; or
(c) in the case of a licence held by an unincorporated body—each
member of the body is guilty of an offence.
Maximum penalty: Division 6 fine.
(8) It is a defence to a charge of an offence under this section if the
defendant proves that the offence occurred without the defendant's knowledge or
consent.
15A—Appointment of inspectors
(1) The Minister may appoint inspectors for the purposes of this
Act.
(2) The Minister must provide each inspector with an identity card which
the inspector must produce on request.
15B—Powers of inspectors
(1) For the purposes of ascertaining whether the provisions of this Act
are being complied with and subject to this section, an inspector may enter any
place in which the inspector suspects, on reasonable grounds, there may be
evidence or records connected with an activity for which a licence is required
under this Act.
(2) An inspector must not enter a place used as a residence
unless—
(a) the occupier consents; or
(b) the inspector is authorised by warrant under
subsection (3).
(3) A magistrate may, if satisfied on the application of an inspector that
there is a proper ground for doing so, issue a warrant authorising an inspector
to enter a place used as a residence.
(4) While an inspector is in or on any place under this section, the
inspector may do one or more of the following:
(a) inspect or search the place or anything in the place;
(b) require a person in the place to—
(i) produce documents (which may include a written record reproducing in
an understandable form information stored by computer, microfilm or other
process) that are in the person's custody or control; and
(ii) answer any questions put by the inspector;
(c) inspect documents produced to the inspector and retain them for so
long as is reasonably necessary for the purpose of copying or taking extracts
from them;
(d) take photographs, films, audio, video or other recordings;
(e) if the inspector suspects on reasonable grounds that an offence has
been committed, seize and retain anything that the inspector believes affords
evidence of the offence;
(f) give such directions as are reasonably necessary for, or as are
incidental to, the effective exercise of the inspector's powers under this
section.
(5) A person who—
(a) hinders or obstructs an inspector in the exercise of powers under this
section; or
(b) fails, without reasonable excuse, to comply with a requirement of an
inspector under this section; or
(c) fails, without reasonable excuse, to answer, to the best of the
person's knowledge, information and belief, a question put by an inspector;
or
(d) falsely represents that he or she is an inspector, is guilty of an
offence.
Maximum penalty: Division 6 fine.
(6) An inspector may, in exercising powers under this section, be
accompanied by such assistants as are reasonably necessary for the
purpose.
(7) A person may decline to answer a question put under this section if
the answer would tend to incriminate the person of an offence.
15C—False and misleading
statements
A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of any
particular) in any information provided under this Act.
Maximum penalty: Division 6 fine.
15D—Dishonest, deceptive or misleading
conduct
A person who, in the conduct of an activity that is or is required to be
authorised by a licence under this Act, acts in a dishonest, deceptive or
misleading manner is guilty of an offence.
Maximum penalty: Division 5 fine or division 5 imprisonment.
Section 18—delete the section and substitute:
18—Exemptions
(1) The Minister may, on application by a person, society, body or
association exempt the person, society, body or association from compliance with
specified provisions of this Act.
(2) An exemption is subject to the conditions (if any) imposed by the
Minister.
(3) The Minister may, at his or her discretion, vary or revoke an
exemption.
(4) The grant or a variation or revocation of an exemption may be
published on a website maintained by the Minister.
18A—Immunity of persons engaged in administration
of Act
(1) No personal liability attaches to a person engaged in the
administration of this Act for an act or omission in good faith in the exercise
or discharge, or purported exercise or discharge, of official powers or
functions.
(2) A liability that would, but for subsection (1), lie against a
person, lies instead against the Crown.
18B—Service of notices etc
(1) Subject to this Act, a notice or document required or authorised by
this Act to be given to or served on a person may—
(a) be served on the person personally; or
(b) be posted in an envelope addressed to the person at the person's last
known address; or
(c) if the person is a company or registered body within the meaning of
the Corporations Act 2001 of the Commonwealth, be given to or served on
the person in accordance with that Act.
(2) Without limiting the effect of subsection (1), a notice or
document required or authorised by this Act to be given to or served on the
holder of a licence under this Act may—
(a) be posted in an envelope addressed to the licensee at the licensee's
address for service; or
(b) be left for the licensee at the licensee's address for service with
someone apparently over the age of 16 years; or
(c) be transmitted by facsimile transmission to a facsimile number
provided by the licensee (in which case the notice or document will be taken to
have been given or served at the time of transmission).
(3) The address for service of the holder of a licence under this Act is
the address of which the Minister has been last notified in writing by the
licensee as the licensee's address for service.
18C—Evidentiary
In proceedings for an offence against this Act, an allegation in the
complaint that a specified person was or was not—
(a) the holder of a licence issued under a specified provision of this
Act; or
(b) authorised by the holder of a section 6 or 7 licence to carry out
specified activities,
is, in the absence of proof to the contrary, proof of the matter
alleged.
Schedule 1—Statute
law revision amendment of Collections for
Charitable Purposes Act 1939
|
Provision amended |
How amended |
|---|---|
|
Long title |
Delete "goods for certain charitable purposes, and to repeal the
Collections for Unemployment Act 1930" and substitute: property for certain charitable purposes; and for other purposes. |
|
Sections 2 and 3 |
Delete sections 2 and 3 |
|
Section 8(1) |
Delete "under this Act" |
|
Section 8(1) |
Delete "by the Minister either generally or in any particular case. Any
such approval may be revoked by the Minister." and substitute: , from time to time, by the Minister either generally or in a particular
case. |
|
Section 8(2) |
Delete subsection (2) and substitute: (2) An authority given by the holder of a section 6 or 7 licence may
be subject to such conditions as the holder of the licence thinks fit. |
|
Section 9(1) |
Delete "shall" and substitute: must |
|
Section 9(1) |
Delete "same to such first-mentioned person" and substitute: written authority to such person, society, body or association |
|
Section 9(2) |
Delete subsection (2) and substitute: (2) A person who fails to produce and deliver a written authority as
required by subsection (1) is guilty of an offence. Maximum penalty: Division 6 fine. |
|
Section 11(1) |
Delete "shall" and substitute: must |
|
Section 11(2) |
Delete "any application for a section 6 or 7 licence the Minister, in
addition to taking into account any other matters that he thinks fit, shall" and
substitute: an application for a section 6 or 7 licence, the Minister may take
into account any matter the Minister thinks fit and must |
|
Section 11(3) |
After "his" insert: or her |
|
Section 11(3) |
Delete "shall" and substitute: will |
|
Section 14 |
Delete "shall" and substitute: may |
|
Section 16 |
Delete "goods" wherever occurring and substitute in each case: property |
|
Section 16(1) |
Delete "were collected" and substitute: was collected |
|
Section 17(1) |
Delete "thereto" and substitute: to the vesting |
|
Section 17(2), (3) and (4) |
Delete subsections (2), (3) and (4) and substitute: (2) Subject to subsection (3), the moneys and securities vested in
the Minister by a proclamation under this section will be held on the trusts on
which they were held immediately before being vested in the Minister. (3) The Governor may, by proclamation, vary the trusts and authorise the
Minister to apply the moneys and securities, or any part of the moneys and
securities, to charitable purposes specified in the proclamation. |
|
Section 19(1) |
Delete "shall" and substitute: may |
|
Section 19(2) |
Delete "shall" and substitute: is |
|
Section 19(2) |
Delete "be sufficient" and substitute: sufficient |
|
Section 20(2)(a) |
Delete "goods" wherever occurring and substitute in each case: property |