Charitable Collections Regulations 1947 (WA)
Western Australia
Charitable Collections Act 1946
Western Australia
Charitable Collections Act 1946
These regulations may be cited as the
In these regulations unless the context otherwise requires —
(1) In this regulation —
(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 and, if so, the applicant’s ABN; and
(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 —
(i) details of the charitable purpose for which the licence is sought;
(ii) details of the collection activities the applicant plans to undertake;
(iii) the name, address and role of each of the principal executive officers of the applicant;
(iv) the name of the bank at which the applicant holds the account required to be opened under regulation 11(1);
(v) the name, address and qualifications of the auditor of the applicant’s accounts;
(vi) a copy of the constitution or rules governing the applicant;
(vii) 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.
Where a body incorporated in Western Australia makes application for a licence, such licence, when granted, shall be deemed to apply to and include all branches in Western Australia of such incorporated body, unless the contrary is expressed in such licence.
(1) Any charitable organisation shall, if so required by the Commissioner, provide all requisite information with respect to such organisation or to any branch organisation thereof, including the names and addresses of the executive officers and the date of creation of such charitable and branch organisations.
Penalty for this subregulation: a fine of $1 000.
(2) If there is a change of a licensee’s executive officers, the licensee must give the Commissioner written notice of the change in accordance with subregulation (3) within one month after the change.
Penalty for this subregulation: a fine of $1 000.
(3) The notice must state —
(a) the name, address and designation of each new executive officer of the organisation; and
(b) the name of each person who has stopped being an executive officer of the organisation.
(1) Where any person or any body, combination, or committee of persons —
(a) collects or has collected any moneys or articles for or in aid of any charitable purpose but with respect to which no application for a licence under the Act has been made to or granted by the Commissioner under the provisions of section 12 of the Act and these regulations;
(b) receives or has received or has under or in his or its control, possession, order or disposition, any moneys or articles which have been collected for or in aid of any charitable purpose referred to in the preceding paragraph,
and such person or any such body, combination or committee of persons neglects or refuses to make application for authority under the provisions of section 11 of the Act and these regulations, or to obey any lawful order or direction of the Commissioner, the Commissioner may, on the advice of the advisory committee, direct that any moneys or securities for moneys or any articles collected as aforesaid or a sum equivalent to the amount of moneys originally collected shall be —
(i) applied to purposes connected with the charitable purpose as if such moneys or articles had been collected by a charitable organisation;
(ii) vested in and transferred to a charitable organisation;
(iii) vested in and transferred to the Commissioner for allotment to a charitable purpose.
(2) A person given a direction under subregulation (1) must comply with the direction.
Penalty for this subregulation: a fine of $1 000.
(3) The provisions of this regulation and any direction given by the Commissioner hereunder shall not exempt any person from liability for any breach of the Act or regulations.
(1) Any executive officer of any charitable organisation who collects or receives moneys for any charitable purpose shall, within 7 days of the receipt thereof, pay the same to the credit of a bank account, to be opened for this purpose.
Penalty for this subregulation: a fine of $1 000.
(2) Every person, other than an executive officer, who collects or receives any money on behalf of, or belonging to, a charitable organisation, shall within 14 days of the receipt thereof pay the same to the controlling body of the charitable organisation.
Penalty for this subregulation: a fine of $1 000.
(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 $1 000.
(4) Every bank account of a charitable organisation is to be operated by authority signed by 2 officers of the organisation appointed in writing for the purpose by the governing body of the organisation.
(1) A collector must not visit a house for the purpose of making an appeal or of selling goods for support of the charitable purpose —
(a) on a Sunday or public holiday; or
(b) on any other day before 9 a.m. or after 6 p.m.,
unless authorised by the Commissioner in writing to do so.
Penalty for this subregulation: a fine of $1 000.
(2) A collector must not telephone another person for the purpose of making an appeal or of selling goods for support of the charitable purpose —
(a) on a Sunday or public holiday; or
(b) on any other day before 9 a.m. or after 8 p.m.,
unless authorised by the Commissioner in writing to do so.
Penalty for this subregulation: a fine of $1 000.
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
(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 $1 000.
(1) The offences specified in Schedule 1 are offences for which an infringement notice may be issued under Part 2 of the
Criminal Procedure Act 2004 .(2) The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of section 5(3) of the
Criminal Procedure Act 2004 .(3) The Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of Part 2 of the
Criminal Procedure Act 2004 .(4) The Commissioner is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
The forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms.
(1) In this section —
(2) If an act, matter or thing done or omitted to be done by the Minister under or for the purposes of these regulations before commencement day has effect on or after commencement day, the act, matter or thing is taken to have been done or omitted to be done by the Commissioner.
[r. 18]
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......................................................... | $1 000 |
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 |
[r. 19]
Infringement notice no. | ||
Name: Family name | ||
Given names | ||
or Company name ____________________________________ ACN | ||
Address ________________________________________________ Postcode | ||
Description of offence _____________________________________ | ||
Date / 20 Time a.m./p.m. | ||
Modified penalty $ | ||
Name | ||
Signature | ||
Office | ||
| ||
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice. Approved Officer — Department of Mines, Industry Regulation and Safety Locked Bag 100 East Perth WA 6892 Department of Mines, Industry Regulation and Safety ____________________________________________ | ||
Withdrawal no. | ||
Name: Family name | ||
Given names | ||
or Company name _____________________________________ ACN | ||
Address _________________________________________________ Postcode | ||
Infringement notice no. | ||
| ||
Description of offence ____________________________________ | ||
Date / /20 Time a.m./p.m. | ||
Name | ||
Signature | ||
Office | ||
| ||
The above infringement notice issued against you has been withdrawn. If you have already paid the modified penalty for the alleged offence you are entitled to a refund. * Your refund is enclosed. * If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to: Approved Officer — Department of Mines, Industry Regulation and Safety Locked Bag 100 East Perth WA 6892
| ||
This is a compilation of the
3 Apr 1947 p. 566‑73 | 3 Apr 1947 | |
Untitled regulations | 2 Oct 1953 p. 2025 | 2 Oct 1953 |
Act other than s. 4-9: 21 Dec 1965 (see s. 2(1)); s. 4-9: 14 Feb 1966 (see s. 2(2)) | ||
Untitled regulations | 22 Oct 1970 p. 3235 | 22 Oct 1970 |
Untitled regulations | 8 Sep 1972 p. 3506 | 8 Sep 1972 |
Untitled regulations | 21 Jan 1977 p. 132 | 21 Jan 1977 |
6 May 1994 p. 1874‑5 | 6 May 1994 | |
18 Aug 1998 p. 4451 | 18 Aug 1998 | |
27 Nov 1998 p. 6341 | 27 Nov 1998 | |
22 Aug 2000 p. 4845-8 | 22 Aug 2000 | |
22 Sep 2006 p. 4078‑81 | 22 Sep 2006 (see r. 2(a)) | |
12 Jun 2009 p. 2106‑7 | r. 1 and 2: 12 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Jun 2009 (see r. 2(b)) | |
30 Jun 2011 p. 2647 | r. 1 and 2: 30 Jun 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b)) | |
20 Aug 2013 p. 3824 | r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and | |
10 Mar 2017 p. 1567 | r. 1 and 2: 10 Mar 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 11 Mar 2017 (see r. 2(b)) | |
24 Dec 2019 p. 4416-20 | 1 Jan 2020 (see r. 2(b) and | |
SL 2020/120 21 Jul 2020 | r. 1 and 2: 21 Jul 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 22 Jul 2020 (see r. 2(b)) | |
SL 2020/163 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) | |
(1) A licence that was in force immediately before the commencement of these regulations, and any terms or conditions to which the licence was subject immediately before that commencement, are not taken to be affected by the amendments that are effected by these regulations.
(2) However, on and after the commencement of these regulations, the Charitable Collections Regulations 1947, as amended by these regulations, apply to a licence that was in force immediately before that commencement, and to the licensee, as if the licence had been issued after the commencement of these regulations.
ABN.............................................................................................................................. 3(1)
Act...................................................................................................................................... 2
approved............................................................................................................................ 2
branch organisation......................................................................................................... 2
charitable organisation.................................................................................................... 2
collection........................................................................................................................... 2
collector............................................................................................................................. 2
commencement day.................................................................................................. 20(1)
Commissioner................................................................................................................... 2
executive officers............................................................................................................. 2
registered charity......................................................................................................... 3(1)
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