Charitable Collections Regulation 2003 (ACT)

Charitable Collections Regulation 2003   

SL2003-33

made under the

Charitable Collections Act 2003

Republication No 9

Effective:  16 July 2024

Republication date: 16 July 2024

Last amendment made by A2024‑29

About this republication

The republished law

This is a republication of the Charitable Collections Regulation 2003, made under the Charitable Collections Act 2003 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 July 2024.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 July 2024. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Charitable Collections Regulation 2003

made under the

Charitable Collections Act 2003

Contents

Page

Part 1      Preliminary

1            Name of regulation  2

3            Dictionary  2

4            Notes  2

5Offences against regulation—application of Criminal Code etc 3

Part 2      Exempt collections

6            What are not collections—Act, s 7 (3) (h)  4

Part 3      Conduct of collections

10          Statutory conditions about children taking part in collections—sch 1       6

Part 4      Proceeds of collections

11          Issue of receipts  7

12          Lawful and proper expenses—Act, s 44 (4)  7

13          Finalised accounts—Act, s 47 (6), def required accounts, par (b)           8

14          Reports by licensee to director‑general—Act, s 48 (5), def required information         8

15          When annual audited accounts are required  9

Part 5      Miscellaneous

16          Internet access to material on register of licences  10

Schedule 1 Statutory conditions about children taking part in collections      11

1.1          Consent to take part in collections  11

1.2          Supervision of children under 6 years old  11

1.3          Supervision of children 6 years old or older  11

1.4          Contact by person with parental responsibility  12

1.6          Maximum periods  12

Dictionary13

Endnotes

1            About the endnotes  14

2            Abbreviation key  14

3            Legislation history  15

4            Amendment history  17

5            Earlier republications  18

Charitable Collections Regulation 2003

made under the

Charitable Collections Act 2003

Part 1Preliminary

1. Name of regulation

   This regulation is the Charitable Collections Regulation 2003.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘motor vehicle—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘motor vehicle’ is defined in that dictionary and the definition applies to this regulation.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Offences against regulation—application of Criminal Code etc

   Other legislation applies in relation to offences against this regulation.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2Exempt collections

1. What are not collections—Act, s 7 (3) (h)

   (1)The following are declared not to be a collection:

   (a)the soliciting or receiving of money by a school if the money is—

   (i)a genuine fee or charge by the school for educational purposes; or

   (ii)a voluntary contribution to the school for educational purposes that is solicited or received from a person with parental responsibility for a child who is enrolled at the school;

   (b)the soliciting or receiving of money by a body affiliated with a school for the educational purposes of the school;

   Examples of bodies for par (b)

   1    a parents and citizens association, or a parents and friends association, for the school

   2    an association of former students, former staff, or parents of former students, of the school

   (c)the soliciting or receiving of money or a benefit by an entity if the proceeds received from collections conducted by the entity is less than $15 000 in a financial year;

   (d)the soliciting or receiving of money or a benefit by a non‑government organisation accredited with the Australian Agency for International Development (AusAID) (whether or not the money or benefit is used, or intended to be used, solely for aid in a foreign country);

   (e)the solicitation or receipt of sponsorship from a corporation;

   (f)the soliciting or receiving of money by a trustee corporation for administering a trust fund for a charitable purpose;

   (g)the soliciting or receiving of money by, or on behalf of, an entity if the proceeds received from collections conducted by, or on behalf of, the entity are for a trust fund for a charitable purpose administered by a trustee corporation.

   Example—par (g)

   a workplace giving program, where a workplace, or an employee on behalf of the workplace, solicits and receives money for a charitable fund administered by a trustee corporation

   (2)In this section:

   school means an entity that provides education at the pre-school, primary school, high school or secondary college level.

   trustee company—see the Trustee Companies Act 1947, dictionary.

   trustee corporation means—

   (a)the public trustee and guardian; or

   (b)a trustee company.

Part 3Conduct of collections

1. Statutory conditions about children taking part in collections—sch 1

   A licence, or a document stated by the licence to form part of the licence, may indicate that the conditions mentioned in schedule 1 apply to a collection conducted under the licence.

   NoteFor provisions about the employment of children, see the Children and Young People Act 2008, ch 21.

Part 4Proceeds of collections

1. Issue of receipts

   (1)A person who is taking part in a collection (the collector) commits an offence if—

   (a)someone else (the donor) personally gives the collector more than $2 in cash for the purposes of the collection (the donation); and

   (b)the donor asks the collector for a receipt for the donation; and

   (c)the collector does not give the donor an authorised receipt for the amount of the donation.

   Maximum penalty:  10 penalty units.

   (2)This section does not apply if the donor receives goods or services of substantially the same value as the amount given to the collector.

   Example

   the purchase price of an item of food from a fast food company that includes a donation to a charity

   (3)An offence against this section is a strict liability offence.

   (4)In this section:

   authorised receipt means a printed receipt or anything else given to the collector by a person conducting the collection for the purpose of acknowledging a donation of a particular amount.

   Example of something that is not a printed receipt

   badges of different colours or designs to indicate the amount of a donation

2. Lawful and proper expenses—Act, s 44 (4)

   The following are lawful and proper expenses for a collection:

   (a)the reasonable expenses incurred by the licensee in—

   (i)conducting and carrying out the collection; and

   (ii)administering and distributing the proceeds of the collection; and

   (iii)complying with the Act; and

   (b)any other expenses stated in the application for the licence for the collection.

   Example of other expenses for par (b)

   how a commercial fundraisers fee is calculated

3. Finalised accounts—Act, s 47 (6), def required accounts, par (b)

   (1)The required accounts for a collection are accounts that show the following:

   (a)the proceeds of the collection (including any amounts realised from benefits received for the purposes of the collection);

   (b)the amount of lawful and proper expenses under the Act, section 44 (3) for the collection;

   (c)the net proceeds of the collection;

   (d)the amount applied for the purposes of the collection.

   (2)In this section:

   net proceeds, of a collection, means the amount obtained by subtracting the expenses mentioned in subsection (1) (b) from the proceeds mentioned in subsection (1) (a).

4. Reports by licensee to director‑general—Act, s 48 (5), def required information

   (1)The required information for a report to the director‑general about a collection is a statement of the following amounts for the collection:

   (a)the proceeds of the collection (including any amounts realised from benefits received for the purposes of the collection);

   (b)the amount of lawful and proper expenses under the Act, section 44 (3) for the collection;

   (c)the net proceeds of the collection;

   (d)the amount applied for the purposes of the collection.

   (2)To remove any doubt, subsection (1) does not limit the information that may be included in the report to the director‑general.

   (3)In this section:

   net proceeds, of a collection, means the amount obtained by subtracting the expenses mentioned in subsection (1) (b) from the proceeds mentioned in subsection (1) (a).

5. When annual audited accounts are required

   (1)This section applies to a licensee if the proceeds received in the ACT by the licensee from collections carried out completely or partly in the ACT is, in any 12-month period, more than $50 000.

   (2)The licensee must give the director‑general audited annual accounts for the year or years in which the collections were carried out.

   (3)However, if the annual accounts include the proceeds of collections carried out in both the ACT and a State, the accounts need not separately identify the amount collected in the ACT.

Part 5Miscellaneous

1. Internet access to material on register of licences

   (1)The director‑general may arrange for the material mentioned in the Act, section 40 (2) and (3) to be accessible on a web site approved by the director‑general.

   (2)Access under subsection (1) is to be provided without charge by the Territory.

Schedule 1Statutory conditions about children taking part in collections

(see s 10)

1.1Consent to take part in collections

(1)A child who is under 12 years old must not take part in a collection unless a person with parental responsibility for the child has given written consent to the child taking part in the collection.

(2)A child who is at least 12 years old must not take part in a collection unless—

(a)the child has given his or her written consent to taking part in the collection; and

(b)a person with parental responsibility for the child has given written consent to the child taking part in the collection.

1.2Supervision of children under 6 years old

A child under 6 years old who is taking part in a collection must be directly supervised by a person with parental responsibility for the child.

1.3Supervision of children 6 years old or older

(1)This section applies in relation to a child who is 6 years old or older who is taking part in a collection.

(2)The child must be adequately supervised having regard to the age, sex and maturity of the child.

(3)The person supervising the child (the supervisor) must be an adult.

(4)The supervisor must—

(a)supervise no more than 6 children; and

(b)ensure that each child is accompanied by another child who is at least 6 years old or by an adult; and

(c)be in close proximity to each child being supervised; and

(d)know the whereabouts of each child; and

(e)take all reasonable steps to ensure that each child does not—

(i)enter a private dwelling; or

(ii)solicit or receive money or a benefit from a person in a motor vehicle; and

(f)make contact with each child at intervals of not longer than 30 minutes.

(5)Subsection (4) does not apply if a child is accompanied by an adult while taking part in the collection.

1.4Contact by person with parental responsibility

A collection must be carried out in such a way as to give a person with parental responsibility for a child taking part in the collection a reasonable opportunity to contact the child.

1.6Maximum periods

(1)A child under 12 years old must not take part in a collection for more than 3 hours (including any rest breaks) on any 1 day.

(2)A child who is at least 12 years old—

(a)must not take part in a collection for more than 7 hours (including any rest breaks) on any 1 day; and

(b)must not take part in a collection for more than 3 hours without a rest break of at least 30 minutes.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     adult

·     body

·     director‑general

·     financial year

·     foreign country

·     penalty unit (see s 133)

·     public trustee and guardian

·     State

·     writing.

Note 3Terms used in this regulation have the same meaning that they have in the Charitable Collections Act 2003 (see Legislation Act, s 148). For example, the following terms are defined in the Charitable Collections Act 2003, dict:

·     benefit

·     collection

·     commercial fundraiser

·     conducts, for a collection

·     licence

·     proceeds, of a collection

·     takes part, in a collection.

motor vehicle—see the Road Transport (General) Act 1999, dictionary.

parental responsibility—a person has parental responsibility for a child if the person has parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This regulation was originally the Charitable Collections Regulations 2003.  It was renamed under the Legislation Act 2001.

   Charitable Collections Regulation 2003 SL2003-33

   notified LR 22 September 2003
   s 1, s 2 commenced 22 September 2003 (LA s 75 (1))

   remainder commenced 9 October 2003 (s 2 and see Charitable Collections Act 2003 A2003-17, s 2 and LA s 79)

   as amended by

   Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 3 pt 3.3, sch 4 pt 4.2

   notified LR 17 July 2008
   s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
   s 3 commenced 18 July 2008 (s 2 (1))
   sch 3 pt 3.3 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008‑13)
   sch 4 pt 4.2 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008‑17 (and see CN2008-13))

   Charitable Collections Amendment Regulation 2009 (No 1) SL2009-36

   notified LR 13 July 2009
   s 1, s 2 commenced 13 July 2009 (LA s 75 (1))

   remainder commenced 14 July 2009 (s 2)

   Justice and Community Safety Legislation Amendment Act 2009 (No 2) A2009-19 pt 4

   notified LR 1 September 2009
   s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

   pt 4 commenced 29 September 2009 (s 2)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.24

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.24 commenced 1 July 2011 (s 2 (1))

   Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016‑13 sch 1 pt 1.6

   notified LR 16 March 2016
   s 1, s 2 commenced 16 March 2016 (LA s 75 (1))

   sch 1 pt 1.6 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)

   Housing and Consumer Affairs Legislation Amendment Act 2024 A2024‑29 pt 4

   notified LR 9 July 2024
   s 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2))

   pt 4 commenced 16 July 2024 (s 2 (1))

1. Amendment history

   Name of regulation

   s 1am R2 LA

   Commencement

   s 2om LA s 89 (4)

   What are not collections—Act, s 7 (3) (h)

   s 6am SL2009‑36 s 4, s 5; A2009‑19 s 8; pars renum R6 LA; A2016‑13 amdt 1.9

   Meaning of licensee for pt 3

   s 7om A2024‑29 s 29

   Complying identifying tags—Act, s 16 (4), def complying identifying tag, par (b)

   s 8om A2024‑29 s 29

   Information to be given for collections—Act, s 17 (3), def required information, par (b)

   s 9om A2024‑29 s 29

   Statutory conditions about children taking part in collections—sch 1

   s 10am A2008‑20 amdt 4.5

   Reports by licensee to director‑general—Act, s 48 (5), def required information

   s 14 hdgam A2011‑22 amdt 1.79

   s 14am A2011‑22 amdt 1.79

   When annual audited accounts are required

   s 15am A2011‑22 amdt 1.79

   Internet access to material on register of licences

   s 16am A2011‑22 amdt 1.79

   Statutory conditions about children taking part in collections

   sch 1ss renum R2 LA

   am A2024‑29 s 30

   Dictionary

   dictam A2011‑22 amdt 1.80; A2016‑13 amdt 1.10

   def parental responsibility sub A2008‑20 amdt 3.4

   def licensee om A2024‑29 s 31

2. Earlier republications

   Some earlier republications were not numbered.  The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format.  These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 9 Oct 2003	9 Oct 2003– 2 Nov 2004	not amended	new regulation
R2 3 Nov 2004	3 Nov 2004– 26 Oct 2008	not amended	includes editorial amendments under Legislation Act
R3 27 Oct 2008	27 Oct 2008– 26 Feb 2009	A2008‑20	amendments by A2008‑20
R4 27 Feb 2009	27 Feb 2009– 13 July 2009	A2008‑20	amendments by A2008‑20
R5 14 July 2009	14 July 2009– 28 Sept 2009	SL2009‑36	amendments by SL2009‑36
R6 29 Sept 2009	29 Sept 2009– 30 June 2011	A2009‑19	amendments by A2009‑19
R7 1 July 2011	1 July 2011– 31 Mar 2016	A2011‑22	amendments by A2011‑22
R8 1 Apr 2016	1 Apr 2016– 15 July 2024	A2016‑13	amendments by A2016‑13

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