Charitable Collections Amendment Regulations 2020 (WA)

2390 GOVERNMENT GAZETTE, WA 21 July 2020

CONSUMER PROTECTION

CP301

Charitable Collections Act 1946

Charitable Collections Amendment

Regulations 2020

SL 2020/120

Made by the Governor in Executive Council.

1.      Citation

These regulations are the Charitable Collections Amendment
Regulations 2020.

2.     Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3.      Regulations amended

These regulations amend the Charitable Collections
Regulations 1947.

4.      Regulation 3 replaced

Delete regulation 3 and insert:

and, if so, the applicant's ABN; and

3.       Form of application for licence

(1)	In this regulation —
ABN means Australian Business Number as defined in the A New Tax System (Australian Business Number)
Act 1999 (Commonwealth) section 41;
registered charity means an entity registered under the Australian Charities and Not-for-profits Commission
Act 2012 (Commonwealth).
(2)	An application for a licence under section 11 of the Act must include —

(a) the name and contact details of the applicant;

and

(b) whether the applicant is a registered charity

21 July 2020 GOVERNMENT GAZETTE, WA 2391

(c)	the name, address and role of the person making the application on behalf of the applicant; and
(d)	any of the following that the Commissioner requires -

details of the charitable purpose for
which the licence is sought;
details of the collection activities the
applicant plans to undertake;
the name, address and role of each of
the principal executive officers of the
applicant;
the name of the bank at which the
applicant holds the account required to
be opened under regulation 11(1);
the name, address and qualifications of
the auditor of the applicant's accounts;
a copy of the constitution or rules
governing the applicant;
a copy of the applicant's last income
and expenditure account and balance

sheet;

and

(e) any other information that the Commissioner requires that is relevant to deciding whether to grant or refuse the licence.

(3) The application must be signed by the person making
the application on behalf of the applicant.

5.           Regulation 8 amended

(I) At the end of regulation 8(1) insert:

Penalty for this subregulation: a fine of S 000.

(2) In regulation 8(2):

(a) delete "Without limiting the generality of subregulation (1), if" and insert:

If

(b) delete the Penalty and insert:

Penalty for this subregulation: a fine of $1000.

2392 GOVERNMENT GAZETTE, WA 21 July 2020

6.      Regulation 10 amended

Delete regulation 10(2) and insert:

(2) A person given a direction under subregulation (1)
must comply with the direction.
Penalty for this subregulation: a fine of $1000.

7.      Regulation 11 amended

(1) At the end of regulation 11(1) insert:

Penalty for this subregulation: a fine of $1000.

(2) At the end of regulation 11(2) insert:

Penalty for this subregulation: a fine of S 000.

(3)	Delete regulation 11 (3) and insert:
(3) A charitable organisation must keep a register of assets if the organisation -

(a) has assets other than cash on hand or at bank;

and

(b) has not recorded the assets in books of account.

Penalty for this subregulation: a fine of $1000.

8.      Regulation 14 amended

(1) At the end of regulation 14(1) insert:

Penalty for this subregulation: a fine of $1000.

(2) At the end of regulation 14(2) insert:

Penalty for this subregulation: a fine of $1000.

9.      Regulation 16 replaced

Delete regulation 16 and insert:

16.     Investments

A charitable organisation must not invest monies belonging to the organisation unless -

(a) the monies are deposited in any company
registered to carry on the business of banking in
Western Australia; or

21 July 2020 GOVERNMENT GAZETTE, WA 2393

(b) the organisation, in making the investment,
exercises the care, diligence and skill that a
prudent person would exercise in managing the
financial affairs of other persons.

Penalty: a fine of $1000.

10. Regulation 17 deleted
Delete regulation 17.

11.           Schedule 1 replaced

Delete Schedule 1 and insert:

Schedule 1 - Prescribed offences and modified

penalties

[r. 18]

Modified

Offences under Charitable Collections Act 1946 penalty

s. 6(1)	Unlicensed person collecting for charity	$1 000
s.9(2)	Failing to deliver moneys, books etc. when authority
revoked	$1 000
s. 15(2)	Failing to keep and retain collection records	$1 000

s. 15(3A) Failing to provide Commissioner or auditor with access

to collection records $1000

Modified

Offences under Charitable Collections Regulations 1947	penalty
r. 8(1)	Failing to provide information required by
Commissioner $200
r. 8(2)	Failing to notify change of executive officers $200

r. 10(2)	Failing to comply with direction from Commissioner	$200
r. 11(1)	Failing to bank charitable money	$200
r. 11(2)	Failing to deposit charitable money with organisation	$200
r. 11(3)	Failing to keep register of assets	$200
r. 14(1)	Visiting a house for purposes of collecting outside permitted hours	$200
r. 14(2)	Making telephone call for purposes of collecting outside
permitted hours	$200
r. 16	Failing to invest monies in a bank or with care,
diligence and skill	$200

2394 GOVERNMENT GAZETTE, WA 21 July 2020

12.         Schedule 2 amended

(1) In Schedule 2 Form 1:

(a) delete:

Department of Consumer and Employment Protection
Locked Bag 14 Cloisters Square

Perth WA 6850

and insert:

Department of Mines, Industry Regulation and Safety
Locked Bag 100

East Perth WA 6892

(b) delete:

Department of Consumer and Employment Protection

219 St George's Terrace, Perth WA

and insert:

Department of Mines, Industry Regulation and Safety

(2) In Schedule 2 Form 2 delete:

Department of Consumer and Employment Protection
Locked Bag 14 Cloisters Square

Perth WA 6850

and insert:

Department of Mines, Industry Regulation and Safety
Locked Bag 100
East Perth WA 6892 R. NEILSON, Clerk of the Executive Council.