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COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 12

COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 12

12—Conditions of licence etc

        (1)         Subject to this section, a licence granted by the Minister under this Act remains in force for the period or periods specified in the licence.

        (2)         A licence may be granted subject to any conditions the Minister thinks fit including (without limitation)—

            (a)         conditions limiting the proportion of the proceeds of collections and entertainments which may be applied as commission or other remuneration to persons acting as collectors under the licence or to other persons concerned in the collections or entertainments to which the licence applies; and

            (b)         conditions requiring the holder of the licence or any other person authorised by the holder of the licence, to comply with the provisions of the code of practice (as in force from time to time).

        (3)         The Minister may, at any time, by notice in writing to the licensee, vary or revoke the conditions on which a licence was granted under this Act or add conditions to a licence granted under this Act.

        (4)         The Minister may, by notice in writing to the licensee, suspend or revoke a licence on any of the following grounds:

            (a)         that donations (whether of money or goods) received for charitable purposes by the licensee have been mismanaged or misapplied; or

            (b)         that excessive commission or remuneration has been, or is to be, paid to any person acting as a collector under the licence, or acting in connection with the conduct of an entertainment to which the licence relates, out of the proceeds of the collection or entertainment (as the case may be), or that the proportion of those proceeds that is, or is to be, applied towards charitable purposes is for any other reason inadequate; or

            (ba)         the licensee's contravention of or failure to comply with a condition of the licence or a requirement under this Act; or

            (c)         that any other circumstances exist that justify, in the opinion of the Minister, suspension or revocation of the licence.

        (5)         Suspension of a licence under this section may be for a specified period or until the fulfilment of stipulated conditions or until further notice by the Minister.

        (6)         This section does not apply to a licence that is, under section 6(3), taken to be held by a Commonwealth registered entity.