Charitable Collections Act of 1952 (1 Eliz Ii No. 32) (Qld)

28 ANIMALS.—CHARITABLE COLLECTIONS. Charitable Collections Act. 1 E liz . II. No. 32, New s. 24. 15. The following section is added to the Principal Act:— a6S3nadvVin1icg.EoNlifzo. . 29 prov“isi [ o 2 n 4 s .1 oUf ntlheisss Aoctthesrhwailsl ebeexinpreasdsdlyitiopnrotvoidaendd, nthoet No. 13. in substitution for or diminution of the provisions of— (a) *“ The Criminal Code Act, 1899,” or (b) f“ The Fauna Conservation Act of 1952,” or of any regulations thereunder : Provided that where any act or omission constitutes the same offence both under this Act and under any other such Act or any regulations thereunder, any person doing or omitting to do such act may be proceeded against either under this Act or under such other Act or regulations but so that no person shall be twice punished for the same offence.” APPROPRIATION ACTS. See C onstitution . BUILDING SOCIETIES. See S ocieties . CHARITABLE COLLECTIONS. 1 N E o l . iz 3 . 2 I . I. An Act to Regulate Charities and to Provide for T he C haritable the Keeping and Audit of Accounts relating C ollections A ct of 1952. to Collections for Charitable Purposes and for the Regulation otherwise of such Collections; and for other purposes. [A ssented to 23 rd O ctober , 1952.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. 1 . ( 1 .) This Act may be cited as “ The Charitable Collections Act of 1952.” Commence­ f(2.) Except as herein otherwise provided, this Act ment ofAct. shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Cazette. * 63 V. No. 9. t 1 Eliz. 2 No. 13. { Commenced 9 Mar. 1953 (Proc. Gaz. 28 Feb. 1953, p. 767).

CHAEITABLE COLLECTIONS. 29 1952. Charitable Collections Act. 2. (1.) In this Act, unless the context or subject ^®^ing of matter otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say :— “Appeal for support”—(Where used in relation APPealfor to any charity or charitable purpose)support' includes the taking of any collection and any invitation (expressed or implied) designed to obtain money or articles for the charity or charitable purpose, includes the conducting of any lottery or the selling or offering for sale of any ticket or share in any lottery, and includes any invitation which is designed to obtain money or articles and which is made expressly or by implication in any notification, publication, advertisement, representation, or statement that the gross receipts or part thereof from any dance, concert, social, entertainment, bazaar, fancy fair, fete, carnival, show, sports, game, or other diversion, activity, or function of any kind whatsoever, or from any advertisement or publication, or that the gross amount or part thereof of fees for membership of any organisation or association are intended for the charity or charitable purpose, and also includes anything prescribed to be an appeal for support of a charity or charitable purpose; “ Charitable purpose ”—Includes the affording Charitable of relief to any persons in distress, thepurpose' promotion of the welfare, in any manner whatsoever, of any persons (including children), and any other benevolent or philanthropic object or purpose (whether of the objects or purposes before enumerated or not), but, in relation to any patriotic fund approved by the Governor in Council under *“ The Patriotic Funds Act of 1942,” does not include any of the objects or purposes specified in the definition of the term “ Patriotic fund ” in that Act: The term also includes any object or purpose which is prescribed to be a charitable purpose ;* * 6 G. 6 No. 38.

30 Charity. Collection. Inspector. Minister. Person. Persons in distress. Place of Public refreshment. Prescribed. Regulations. Shop. This Act. CHARITABLE COLLECTIONS. Charitable Collections Act. 1 E liz . II. No. 32, “ Charity ”—Any organisation or association established for or which has as one of its objects any charitable purpose and, where the affairs of any auxiliary, branch, sub­ branch or subsidiary of any such organisation or association are controlled by a separate governing body, includes such auxiliary, branch, sub-branch or subsidiary; “ Collection ”—The taking of money or articles from the public whether by means of contributions or by the sale of articles or otherwise ; and “ collect ” has a corresponding meaning; “ Inspector ”—Any person authorised by the Minister either generally or in a particular case to exercise those powers, functions, and authorities and to perform those duties which may be exercised or, as the case may be, are to be performed under this Act by an Inspector; “ Minister ”—The Attorney-General or other Minister of the Crown for the time being charged with the administration of this Act; “ Person ”—Includes any child and any body corporate; “ Persons in distress ”—Includes diseased, sick, infirm, incurable, poor, destitute, helpless, or unemployed persons (including children) and any persons in distress owing to fire, flood, drought or any other emergency, and any dependents of any such persons; “ Place of public refreshment ”—Any place (including any shop) to which the public are permitted to resort for the purpose of purchasing food or drink for consumption on the premises; “ Prescribed ”—Prescribed by this Act; “ Regulations ”—Any regulations made or purporting to be made under this Act; “ Shop ”—Includes any premises where any retail trade or business is carried on ; “ This Act ”—This Act and all Proclamations and regulations made or purporting to be made hereunder.

CHARITABLE COLLECTIONS. 31 1952. Charitable Collections Act. (2.) Any reference in this Act to any other Act References shall be taken to include a reference to any later Act^c°sther amending or in substitution for that other Act and also to include any regulation or rule made under that other Act or later Act and for the time being in force. 3. (1). Unless otherwise expressly provided, the Application provisions of this Act shall be in addition to and not in exemptions substitution for or diminution of the provisions of any from Act. other Act or of any regulation or rule thereunder: Provided that where any act or omission is an offence both under a provision of this Act and under a provision of such other Act or of any regulation or rule thereunder, the offender may be prosecuted under either such provision but so that he shall not be twice punished for that offence. ( 2 .) This Act shall not extend to any of the activities specified in subsection three of this section of the following religious denominations, namely :— (a) Church of England; Roman Catholic ; Presbyterian; Methodist; Lutheran; Baptist; Congregational; Salvation Army ; Church of Christ; and (b) Any other religious denomination specified by the Governor in Council, by Proclamation published in the Gazette ; Provided that, excepting the activities specified in subsection three of this section, this Act shall extend to any activity, wholly or mainly intended for any charitable purpose, of such a religious denomination. (3.) In this subsection and where appearing in any other provision of this Act the term “ exempted denomination ” means a religious denomination specified, in paragraph (a) of subsection two of this section or in a Proclamation made under paragraph ( 6 ) of subsection two of this section.

32 CHARITABLE COLLECTIONS. Charitable Collections Act. 1 E liz . II. No. 32, This Act shall not extend to any activity of any exempted denomination— (a) Where such activity is wholly or mainly intended for the advancement of religion ; or ( b ) Where such activity is wholly or mainly intended for the establishment or main­ tenance of any school, or of any hospital or institution for the treatment or care of children or sick,' aged, infirm, invalid, destitute or incorrigible persons. Restriction on certain appeals for support. 4. (1). A person shall not make any appeal for support of any charity unless— (a) When making such appeal for support he specifies the name of the charity ; ( b ) The charity is registered under this Act or is exempted from registration by or under this Act; (c) The appeal for support is sanctioned in the prescribed manner by the governing body of the charity, or by some officer thereof authorised in that behalf, or by the Minister, or by some other prescribed authority; and (d) The conditions (if any) attached to such sanction and the provisions of this Act relating to the appeal for support are complied with in every respect. ( 2 .) A person shall not make any appeal for support of any charitable purpose, otherwise than in the course of an appeal for support of any charity made in accordance with subsection one of this section, unless— (a) When making such appeal for support he specifies the charitable purpose ; ( b) The appeal for support is sanctioned in the prescribed manner by the governing body of a charity which is registered under this Act or which is exempted from registration by or under this Act, or by some officer thereof authorised in that behalf, or by the Minister, or by some other prescribed authority; and (c) The conditions (if any) attached to such sanction and the provisions of this Act relating to the appeal for support are complied with in every respect.

CHARITABLE COLLECTIONS. 33 1952. Charitable Collections Act. (3.) Any sanction given for the purposes of this section may be withdrawn at any time and in such event the appeal for support may be subsequently again sanctioned as required by this section, but in relation to any time after such withdrawal and, if given, before the giving of such further sanction, the appeal for support shall for the purposes of this section be deemed to have not been sanctioned. (4.) The regulations may provide that, when making any appeal for support of any charity or charitable purpose, the name of the charity or, as the case may be, the charitable purpose shall be specified in such a manner as may be prescribed. (5.) Any person shall not publish any advertisement, notice, or information relating or purporting to relate to any appeal for support of any charity or charitable purpose unless the appeal for support is made in accordance with subsection one or subsection two of this section, whichever is applicable. Without limiting the generality of the term “ publish ” that term shall, in this subsection, include publishing or causing to be published by spoken words or by any means of producing or transmitting light or sound. ( 6 .) This section shall apply and extend whether ^P^ation or not part of any money or articles collected or obtained exemptions from any appeal for support is intended or used for anyfrom s-4- purpose other than the charity or charitable purpose. This section shall not apply or extend to— (a) Any person concerned in a general appeal to the public at a public meeting called to establish a charity or in furtherance of the objects of a charity where such meeting is called with the prescribed approval; (b) Any person concerned in any collection at divine service conducted by an exempted denomination. (7.) Any person guilty of an offence against any of the provisions of this section shall be liable on conviction for the first offence to a penalty not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, and on conviction for a second or B

34 CHARITABLE COLLECTIONS. Charitable Collections Act. 1 E liz . II. No. 32, subsequent offence (whether against the same or a different provision of this section) to a penalty not exceeding one hundred and fifty pounds or to imprisonment for a term not exceeding six months. mentofsfi. (^-) This section shall come into operation upon a date to be fixed by the Governor in Council by Proclamation published in the Gazette. Such date shall be not earlier than two months after the date fixed for the coming into operation of this Act. Minister may require 5. (1.) The Minister may from time to time, by a csteartteaminents, notice given in writing, require any person concerned in &c, making any appeal for support of any charity or charitable purpose to furnish to him, within such time as may be specified in the notice, all or any of the following :— (a) Full particulars of all liabilities incurred or proposed to be incurred in connection with the appeal for support; (b) A full statement of account, duly certified by such person and verified by statutory declaration, setting out full details of the income and expenditure and assets and liabilities acquired and incurred in connection with the appeal for support; (c) Such other information in connection with the appeal for support as may be prescribed by the regulations or as the Minister requires ; (d) Answers in writing (and, if so required by the notice, verified by statutory declaration) to any question or inquiry addressed to him by direction of the Minister, relating to any matter arising upon consideration of any such particulars, statement or other information furnished. Any notice given under this subsection may require such particulars, statement, or other information to be furnished only for a period of time, or only in respect of some circumstance therein specified, or may require such particulars, statement or other information to be furnished from time to time each in respect of a specified period of time.

CHARITABLE COLLECTIONS. 35 1952. Charitable Collections Act. ( 2 .) The Minister may, by writing given under his hand direct— ' (a) That any liability incurred or any expenditure in connection with any appeal for support of any charity or charitable purpose be disallowed either wholly or in part and that an amount equal to the liability or expenditure so disallowed shall be paid by the person or persons concerned in making the appeal for support to the charity or charitable purpose, the name of which is specified in connection with the appeal for support or, where the appeal for support is sanctioned by a charity, to the charity by which the appeal for support is sanctioned; or (b) That any liability proposed to be incurred shall not be incurred and that, if the liability is incurred contrary to such direction, an amount equal to the liability so incurred shall be paid by the person or persons concerned in the incurring of the liability to the charity or charitable purpose, the name of which is specified in connection with the appeal for support or, where the appeal for support is sanctioned by a charity, to the charity by which the appeal for support is sanctioned. (3.) Where any such direction is so given the amount disallowed in, or incurred contrary to, the direction may be recovered by or on behalf of the charity to which that amount is directed under this subsection to be paid as a debt due and payable to it (or in any other case by or on behalf of the Minister as a debt due and payable to him) by the person or persons concerned in making the appeal for support, or, in the case of a liability contrary to such direction, by the persons concerned in the incurring of the liability. Any amount so recovered shall be applied for the purpose for which the appeal for support was made. 6 . (1.) A charity may apply in the prescribed Registration manner to the Minister for registration by him underand .. this Act or to be exempted from such registration or of charities, from any of the provisions of this Act. (2.) In the case of a charity being an organisation or association having any auxiliary, branch, sub-branch or subsidiary the affairs of which are controlled by a

36 CHARITABLE COLLECTIONS. Charitable Collections Act. 1 E liz . II. No. 32, separate governing body application may be made under subsection one of this section for the registration or exemption from registration under this Act of the organisation or association as a whole, and such registration or exemption shall be deemed a sufficient registration or exemption to include any such auxiliary, branch, sub-branch or subsidiary, but with this exception the provisions of this Act shall apply to and in respect of each such auxiliary, branch, sub-branch or subsidiary as if it were a separate charity. (3.) The Minister may, before granting any registration or any exemption as aforesaid, make such inquiries with respect to the charity as he thinks fit, but shall not refuse to register or to grant exemption to any charity unless he is satisfied that the charity is not established in good faith for any charitable purposes, or will not comply with the conditions imposed by or under this Act, or that the charity will not be properly administered, or that the proposed purpose of the charity is already covered by existing charities, or that any person or persons connected with the administration of the charity are not fit and proper persons to administer its affairs, or that it would not be in the public interest to grant such registration or exemption : Provided that the Minister may refuse to grant an application for exemption by any charity if he is satisfied that, having regard to the circumstances of the case, the charity should be registered. (4.) The Minister may at any time, if he thinks fit, limit the registration or exemption of any charity to such activity of the charity as relates to or is concerned with any specified object, area, period of time, or manner of making an appeal for support, and where any such conditions are fixed the charity shall comply in every respect therewith. (5.) The Minister shall give to such charity so registered or exempted from registration by or under this Act a certificate in or to the effect of the prescribed form. ( 6 .) The Minister shall cause to be compiled and kept in the prescribed manner a register of charities registered or exempted under this Act, and fists of all charities which are refused registration.

CHARITABLE COLLECTIONS. 37 1952. Charitable Collections Act. under7.th( 1is.) AScutbjsehcatll tcoomthpilsy iAncet,vercyharreitsipeesctrewgiitshtertehde tcPoornebsdecirtiiobneds following conditions :— complied with by (а) The charity shall be administered by a registered responsible committee or other governing charities. body consisting of not less than three persons ; ( б ) Minutes shall be kept of the meetings of the committee or other governing body in which . shall be recorded the business thereat transacted; (c) Proper books of account shall be kept in or to the effect of the forms prescribed by the regulations, and such accounts shall include full details of the income and expenditure and assets and liabilities acquired and incurred in connection with any and every appeal for support sanctioned by or on behalf of the charity, and the accounts shall be audited at such intervals as may be prescribed by the regulations by some person or persons holding the prescribed qualifications or approved by the Minister, and copies of the accounts so audited shall be sent to the Minister within the time prescribed; (d) All moneys received by the charity without deduction for expenses or commission shall be paid into a separate account at such bank or banks as may be specified in respect of the charity in the register, and such separate account shall be kept in the name of the charity and shall be operated on by not less than two persons jointly; (e) Such particulars with regard to accounts and other records as may be prescribed, shall be furnished to the Minister within the prescribed time by the secretary or other prescribed officer of the charity, and the books and accounts of the charity shall be open to inspection at any time by any person duly authorised by the Minister or the Auditor- General ; (/) Numbered receipts or tickets complying with the regulations shall be given for all moneys received by or on behalf of the charity except where the regulations otherwise prescribe;

38 CHARITABLE COLLECTIONS. Charitable Collections Act. 1 E liz . II. No. 32, (g) Any alteration in the constitution of the charity shall be notified to the Minister and such alteration shall not be effective unless the Minister has signified his approval to such alteration being made; (h) In the event of the retirement, resignation or expulsion of any person from office on the governing body of the charity all books of account, documents, vouchers and other property whatsoever relating to the charity and in the possession of such person shall be handed over by such person to his successor in office. (2.) In the case of a church, the registration or the exemption of the church as a whole applied for by the head of the denomination in the State or by such other person as the Minister approves shall be deemed a sufficient registration or exemption to include any charitable activity conducted by that church, and paragraph (a) of subsection one of this section shall be read as applying to each particular activity. (3.) The regulations may modify the conditions stated in subsection one of this section in the case of any church or in the case of any other charity or in the case of an appeal for support the duration of which is limited to a period not exceeding one month in which the circumstances of the case render their strict application difficult or unduly onerous or in the opinion of the Minister unnecessary. Removal 8 . The Minister if at any time satisfied that any rfwreiogtmhisdtetrhraewanadl bcheianrgitycarrreigeidstoenreidn goorodexfaemithptfeodr aunnydcehrarthitiasblAe cpturipsosneost, eoxfemption. obry iosr nuontdecrotmhpislyAinctg, owriitshnaont ybeoinfgthperocpoenrdlyitaiodnmsinimistpeorseedd, or that any person or persons connected with the administration of the charity is or are not fit and proper person or persons to administer its affairs, or that it would be in the public interest to remove it from the register or to withdraw its exemption as the case may be, may, in the manner and subject to any notices or conditions that may be prescribed, call upon the persons who by the register appear to be the responsible committee or other governing body of the charity or upon such of them as it is possible to find to show cause within a

CHAKITABLE COLLECTIONS. 39 1952. Charitable Collections Act. time to be specified why the charity should not be removed by him from the register or its exemption withdrawn, as the case may be, and whether cause is then shown or not may upon the expiration of that time, remove that charity from the register or withdraw its exemption, as the case requires. If the Minister so removes it or withdraws its exemption he shall give the prescribed public notice of its removal or of such withdrawal, as the case may be. 9. (1.) The Minister may from time to time as he Minister in his discretion sees fit, examine and inquire into any”“Jmquire charity in Queensland, and the nature and objects condition thereof, and the administration, management, and management application of the estates, funds, property, and income of charities, belonging thereto. Where it appears to the Minister that an organisation or association has for one of its objects a charitable purpose he may examine and inquire into such organisation or association and the objects thereof with a view to ascertaining whether or not it is a charity. (2.) The Minister may cause any such examination or inquiry to be made by an inspector. 10 . ( 1 .) The Minister may, in relation to any power of charity, or the property or income thereof, or the Muu^®rt0 administration, management, or application of such accounts, property or income, or more than one of those matters,&e- from time to time by notice given in writing require any person specified in subsection two of this section— (а) To render an account audited by some person or persons holding the prescribed qualifications or approved by the Minister; or ( б ) To furnish a statement in writing containing such information as the Minister requires ; or (c) To produce any book, document, or voucher in his possession or control, to the Minister within such time as may be specified in such notice, and may also from time to time so require any such person to return answers in writing to any question or inquiry addressed to him by the Minister relating to all or any of the matters aforesaid. (2.) Any account, statement, or answer may be required to be rendered, furnished, or made, and any book, document, or voucher may be required to be

40 CHARITABLE COLLECTIONS. Charitable Collections Act. 1 E liz . II. No. 32, produced to the Minister under subsection one of this section by any of the following persons, that is to say :— (a) By any person, including any trustee, acting or concerned in the administration of the charity, or of its property or income (including the receipt or payment of any moneys thereof); (b) By any agent of any such person; (c) By any bank, company or other person whomsoever from whom any debt is due, owing or accruing to the charity or by whom any money or security is held for or on behalf of the charity; (d) By any person in the beneficial receipt of any funds thereof or of any income or salary therefrom ; (e) By any person having the custody or control of any such book, document or voucher. (3.) The Minister may require the person rendering, furnishing, or making any such account, statement, or answer to verify the same by statutory declaration. Notice of such requirement may be contained in the notice requiring the rendering, furnishing, or making of such account, statement, or answer or may be contained in a separate notice given in writing at any time. . An inspector 11. (l.) An inspector acting under the authority may require 0£ the Minister may, by notice under his hand, require attendance any person concerned in making any appeal for ancTexamine suPPort of a charity or charitable purpose or any person on oath. specified in subsection two of section ten of this Act to attend before him at a time and place named in the notice and then and there to be examined in relation to all or any matters whatsoever relating to the appeal for support and may further require him to produce any books, documents, or vouchers in his custody or control relating to such matters, which he is required by the notice to produce. (2.) The inspector may examine upon oath (or affirmation or declaration instead of an oath) any such person and any person voluntarily attending before the inspector and may administer such oath or take and receive such affirmation or declaration.

CHARITABLE COLLECTIONS. 41 1952. Charitable Collections Act. (3.) No person shall be obliged to travel in obedience to such requisition more than ten miles from his place of abode. 12. (1.) A person who— (a) Refuses or otherwise fails to comply in every Failing to respect with the requirements of any notice ^^Pi£wful given under and in pursuance of this Act to notices, &e. him ; or (b) When required by notice given under and in pursuance of this Act to furnish any particulars, statement, information, or answer, renders, furnishes, or makes, as the case may be, any particulars, statement, or answer which he knows to be false ; or (c) Attending before an inspector for the purpose of being examined under this Act, refuses to be sworn or to make an affirmation or declaration, or refuses or otherwise fails to give evidence or to answer any question put to him by the inspector; or (d) Alters or destroys, without the consent of the Minister, any book, document, voucher, or writing relating to any appeal for support of a charity or charitable purpose or to any property or income of any charity or to the administration, management, or applica­ tion of any such property or income, shall be guilty of an offence against this Act and liable on conviction to a penalty of not more than one hundred pounds. (2.) If a person is guilty of any repetition of any refusal or other failure specified in subsection one of this section after he has been convicted therefor, that person shall, upon the application of the Minister, be liable to be punished by a Judge of the Supreme Court for that repetition in the like manner and to the like extent as if it were a contempt of the Supreme Court committed by that person in or in relation to an action or trial in that Court. (3.) Where any person wilfully renders, furnishes, or makes a false account or statement or false particulars or makes an untrue answer to any question or gives false evidence upon any examination under this Act

42 CHARITABLE COLLECTIONS. Charitable Collections Act. 1 E liz . II. No. 32, Falsifying books, &c. he may be prosecuted upon indictment and, on conviction upon such prosecution, shall be liable to imprisonment for not longer than two years. 13. Any person who with intent to defraud or deceive any other person— (a) Alters or falsifies or destroys any books, documents, or vouchers relating to any appeal for support of a charity or charitable purpose or any property or income whatsoever of a charity or the administration, management, or application of any such property or income; or ( b ) Makes or concurs in the making of any false or fraudulent entry in any such book, document, or voucher; or (c) Omits or concurs in omitting any material particular from any such book, document, or voucher, shall be guilty of an offence against this Act and shall be liable on conviction on indictment to imprisonment for a term not exceeding five years, or on summary conviction to imprisonment for a term not exceeding twelve months. Converting 14. Any person concerned in conducting or making moneys, &c, any appeal for support of a charity or charitable purpose, or in the management, supervision, administration or control of any property or income of a charity, who converts to his own use or fails to account properly for any money or articles obtained in the course of such appeal for support or for any such property or income shall be guilty of an offence against this Act and shall be liable on conviction on indictment to imprisonment for a term not exceeding five years, or on summary conviction to imprisonment for a term not exceeding twelve months. False state­ 15. If any person in any application for registration ments, &c. or exemption under this Act or in any notification of any change requiring alteration in the registered particulars under this Act makes any false statement or false representation, or if any person falsely represents himself to be an officer or agent of a charity, or if any person fails to send within the prescribed time any notification which he is required under this Act to send, he shall be guilty of an offence against this Act and shall be liable on summary conviction to a penalty not

CHARITABLE COLLECTIONS. 43 1952. Charitable Collections Act. exceeding one hundred pounds or to imprisonment for a term not exceeding three months. 16. (1.) In any proceedings for the recovery of a Certain penalty under this Act the allegation in the indictment evince ?3 or complaint that any organisation or association is a charity or that any particular purpose is a charitable purpose within the meaning of this Act or that any charity is or is not registered or exempted under this Act shall be accepted by the court as evidence of the truth of the allegation unless the contrary is proved. ( 2 .) A document purporting to be a duplicate or copy of a notice or direction given or made under this Act by the Minister or by any inspector or other person shall, upon its production in evidence, be evidence of that notice or direction, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of that notice or direction, 17. (1.) Any person who contravenes or fails to offences and comply with any provision of this Act shall be guilty Penalties- of an offence. (2.) Any person guilty of an offence against this Act shall be liable, unless some specific penalty is prescribed by this Act for such offence, to a penalty not exceeding one hundred pounds. (3.) Subject to the provisions of this Act relating to the prosecution upon indictment of certain offences hereunder, any offence against this Act may be prosecuted in a summary way under *“ The Justices Acts, 1886 to 1949.” (4.) Nothing in this Act contained shall render any person compellable to answer any question tending to incriminate himself. 18. (1.) The Minister may from time to time inspectors, authorise any person or persons either generally or in a particular case to exercise those powers, functions, and authorities and to perform those duties which may be exercised or, as the case may be, are to be performed under this Act by an inspector; and may at any time revoke any such authority. (2.) Every such authority given or revoked by the Minister shall be notified in the Gazette. (3.) Judicial notice shall be taken of every such notification in the Gazette. ♦ 50 V. No. 17 and amending Acts.

44 CHARITABLE COLLECTIONS. Charitable Collections Act. 1 E liz . II. No. 32, Power of delegation. 19. (I.) The Minister may from time to time, in relation to any matters or class of matters, by writing under his hand, delegate all or any of his powers, functions, authorities, and duties under this Act (other than this power of delegation) so that such of his powers, functions, authorities, and duties as are so delegated may be exercised, or as the case may be, shall be performed by a delegate with respect to the matters or class of matters specified in the instrument of delegation (2.) Where under this Act the exercise of any power function, authority or duty by the Minister is dependent upon the opinion, belief, or state of mind of the Minister in relation to any matter, that power, function, authority or duty may be exercised by a person to whom it is delegated, upon the opinion, belief, or state of mind of that delegate. (3.) Every delegation shall be revocable by the Minister at his will, and no delegation shall prevent the exercise of the delegated power, function, or authority, or the performance of the duty by the Minister. (4.) The Minister may make such and so many delegations under this section and to such number of persons, as he may consider necessary or desirable. Service of notice, &c. 20. A notice or other document empowered, authorised or required by any provision of this Act to be served upon, or given or delivered to any person by the Minister or by any inspector may be so given, delivered or served— (а) By delivering the same to that person personally; ( б ) By prepaid post letter containing that notice or other document and addressed to that person at his business or residential address, in which case it shall be deemed to be so served, given or delivered upon the receipt by that person of that letter ; or (c) By prepaid registered letter containing that notice or other document and addressed as aforesaid in which case the production in evidence of the proper receipt from a post office for that letter shall, until the contrary is proved, be sufficient proof that it was so served, given or delivered upon the date

CHARITABLE COLLECTIONS. 45 1952. Charitable Collections Act. when that letter would have been received by the person concerned in the ordinary course of post. 21 . No proceeding or conviction for any offence against this Act shall affect any civil right or remedy tor3me Ie3' which any person aggrieved by the offence maybe entitled. 22. The provisions of *“ The Oaths Acts, 1867 to Application 1924,” with any necessary adaptations, shall apply oaths Acts and extend wherever possible to each and every oath, 1867 to ’ affirmation, or declaration administered, made, or taken, 1924-” as the case may be, under this Act. 23. ( 1 .) The Governor in Council may from time Regulations, to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the generality of the foregoing provisions of this section, regulations may be made for or in respect of all or any of the following matters :— (а) Prescribing forms for the purposes of this Act and the particulars to be contained therein and the respective purposes for which such forms or forms to the like effect shall be used; ( б ) Prescribing the form of the registers and lists to be kept for the purposes of this Act and the particulars to be entered therein; (c) Providing for the inspection of registers and lists kept for the purposes of this Act, and the making, certification, and furnishing of copies thereof and extracts therefrom ; (d) Prescribing the fees for furnishing copies of, and extracts from, registers and lists ; (e) Requiring notification to the registration authority of any changes requiring alterations in any particulars entered in a register; (/) Regulating the granting by the Minister of any exemption under section six of this Act and prescribing, notwithstanding anything contained in that section, the conditions under which and the grounds upon which any such exemption may be granted; * 31 V. No. 12 and^amending Acts.

46 CHARITABLE COLLECTIONS. Charitable Collections Act. 1 E liz . II. No. 32, {g) Prohibiting the use by any charity of a name, designation, or title substantially similar to that of any existing established charity, or which is calculated to mislead the public or to induce the public to believe that it is associated with any existing established charity; (h) Prescribing the conditions under which— (i.) Persons may be permitted to make or cause to be made visits from house to house for the purpose of making appeals for support of any charity or charitable purpose; (ii.) Persons may be permitted to make or cause to be made in any public place or place of public resort collections for any charity or charitable purpose ; (iii.) Persons may be permitted to make or cause to be made in places of public entertainment or public refreshment collections for any . charity or charitable purpose ; (iv.) Any charity may cause collecting boxes to be exhibited in any shop or place of public refreshment or other place of public resort for the purpose ofmaking appeals for support for the charity; ( i .) Prescribing all matters or things which by this Act are required or permitted to be prescribed. ( 2 .) (a) The regulations may provide that in certain cases specified in the regulations moneys collected for any charity or charitable purpose shall forthwith be paid without any deduction therefrom to the credit of a trust account in a bank, and that in such cases payments from «uch trust account for commissions or expenses in connection with the collection or for the application of the moneys collected shall to the extent required by the regulations be made by cheques drawn as prescribed on such trust account and not otherwise. (b) The regulations may also provide for the regulation of the distribution or disposal of any particular article, emblem, or artificial flower, in connection with an appeal for any charity and for the assignment to any charity or group of charities the exclusive right to

CHARITABLE COLLECTIONS. 47 1952. Charitable Collections Act. distribute or dispose of any such article, emblem, or flower in aid of an appeal by or on behalf of such charity or group, and for the imposition of penalties on any person distributing or disposing of such article, emblem, or flower in contravention of the regulations. In this paragraph the term “ charity ” refers to any charity whether a charity within the meaning of this Act or not. (3.) The regulations may impose a penalty not exceeding fifty pounds for any breach thereof. (4.) Regulations may be made upon the passing of this Act. 24-. (1.) Every Proclamation or regulation made Publication under this Act shall— o t f i P on ro s c a ia n m d a (а) Be published in the Gazette ; regulations. ( б ) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (c) Take effect from the date of such publication, unless, in the case of any such regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and (d) Be laid before Parliament within fourteen sitting days after such publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation or regulation has been laid before Parliament disallowing such Proclamation or regulation or part thereof, that Proclamation or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation or regulation. (3.) In this section the term “ sitting days ” means days upon which Parliament actually sits for the despatch of business.