Collections Amendment Regulation (No. 1) 2001 (Qld)

Queensland Subordinate Legislation 2001 No. 290 Collections Act 1966 COLLECTIONS AMENDMENT REGULATION (No. 1) 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 3 (Application for registration) . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 7 (Objections) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Omission of pt 6 (Constitutions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 33 (Investing assets). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Insertion of new pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 11—TRANSITIONAL PROVISIONS FOR COLLECTIONS AMENDMENT REGULATION (NO. 1) 2001 46 Transitional provision—application for registration of charity . . . . . 4 47 Transitional provision—end of financial year documents . . . . . . . . . 4 8 Omission of sch 2 (Matters to be included in a constitution) . . . . . . . . . . . . 5 9 Amendment of sch 3 (Accounting requirements) . . . . . . . . . . . . . . . . . . . . . 5

s1 2 s4 Collections Amendment Regulation (No. 1) 2001 No. 290, 2001 1 Short title This regulation may be cited as the Collections Amendment Regulation (No. 1) 2001 . 2 Regulation amended This regulation amends the Collections Regulation 1998. 3 Amendment of s 3 (Application for registration) (1) Section 3(3)(b)— omit, insert — ‘(b) in another newspaper, if any, published at least 5 days in each week, and circulating throughout the locality in which the association’s registered address is situated.’. (2) Section 3(5)— renumber as section 3(6). (3) Section 3(4)— omit, insert — ‘ (4) The notice must state that— (a) the association has applied for registration as a charity; and (b) a person may object to the registration by filing an objection in the approved form with the Minister by the date stated in the notice; and (c) within 7 days after filing an objection with the Minister, the person must serve a copy of the objection on the association at the address for service stated in the notice. ‘ (5) The date stated in the notice under subsection (4)(b) must be the last day of the period within which an objection may be filed under section 7(1A).’. 4 Amendment of s 7 (Objections) (1) Section 7(1)(b)— omit , insert —

s5 3 s6 Collections Amendment Regulation (No. 1) 2001 No. 290, 2001 ‘(b) filed with the Minister.’. (2) Section 7— insert — ‘ (1A) The objection must be filed with the Minister within 1 month after— (a) if there is 1 notice published under section 3(3)—the day of publication; or (b) if there are 2 notices published under section 3(3) and the notices are published on the same day—the day of publication; or (c) if there are 2 notices published under section 3(3) and the notices are published on different days—the later of the days.’. (3) Section 7(2), ‘each’— omit, insert — ‘the’. 5 Omission of pt 6 (Constitutions) Part 6— omit . 6 Amendment of s 33 (Investing assets) (1) Section 33(2)— renumber as section 33(3). (2) Section 33(1)— omit, insert — ‘ (1) The Trusts Act 1973 , part 3, 1 other than section 22(1), 2 applies in relation to a charity or association as if— (a) the charity or association were a trustee; and (b) the assets of the charity or association were trust funds. 1 Trusts Act 1973 , part 3 (Investments) 2 Trusts Act 1973 , section 22 (Duties of trustee in relation to power of investment)

4 Collections Amendment Regulation (No. 1) 2001 No. 290, 2001 ‘ (2) A charity or association must, in exercising a power of investment— (a) if the profession, business or employment of a member of the governing body of the charity or association is, or includes, acting as a trustee or investing money for other persons—exercise the care, diligence and skill a prudent person engaged in that profession, business or employment would exercise in managing the affairs of other persons; or (b) if the profession, business or employment of a member of the governing body of the charity or association is not, or does not include, acting as a trustee or investing money for other persons—exercise the care, diligence and skill a prudent person of business would exercise in managing the affairs of other persons.’. 7 Insertion of new pt 11 After part 10— insert — ‘PART 11—TRANSITIONAL PROVISIONS FOR COLLECTIONS AMENDMENT REGULATION (No. 1) 2001 ‘46 Transitional provision—application for registration of charity ‘ (1) This regulation applies in respect of an existing application as if the Collections Amendment Regulation (No. 1) 2001 had not been made. ‘ (2) In this section— “existing application” means an application under section 19 3 of the Act made before the commencement of this section and, in relation to which, the Minister has not exercised the Minister’s discretion under section 19(12) of the Act. ‘47 Transitional provision—end of financial year documents ‘To avoid doubt, it is declared that— 3 Section 19 (Registration of charities) of the Act

s8 5 s9 Collections Amendment Regulation (No. 1) 2001 No. 290, 2001 (a) schedule 3, item 11(b), 4 as in force immediately before the commencement of this section, applies in relation to a charity’s or association’s financial year ending more than 3 months before the commencement of this section; and (b) schedule 3, item 11(b), as in force immediately after the commencement of this section, applies in relation to a charity’s or association’s financial year ending 3 months or less before the commencement of this section.’. 8 Omission of sch 2 (Matters to be included in a constitution) Schedule 2— omit . 9 Amendment of sch 3 (Accounting requirements) (1) Schedule 3, item 11(b), ‘3’— omit , insert — ‘7’. (2) Schedule 3, item 13— omit. ENDNOTES 1. Made by the Governor in Council on 20 December 2001. 2. Notified in the gazette on 21 December 2001. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Office of Fair Trading. © State of Queensland 2001 4 Schedule 3 (Accounting requirements)