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COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 15

COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 15

15—Accounts, statements and audit

        (1)         If the holder of a licence under this Act collects or receives money for a charitable purpose during a financial year or other period specified in the licence (the "statement period"), the holder of the licence must—

            (a)         keep proper accounts relating to the money; and

            (b)         after the end of the statement period, have the accounts audited by a person who is authorised to audit the accounts of a prescribed association under Part 4 Division 2 of the Associations Incorporation Act 1985 or is approved by the Minister for the purposes of this section.

        (2)         The holder of a licence under this Act must, at the time or times fixed in the licence, provide to the Minister—

            (a)         a copy of the audited accounts for the last ending statement period; and

            (b)         a statement setting out—

                  (i)         the amount of money collected or received by the licensee during the last ending statement period; and

                  (ii)         the costs associated with collection or receipt of the money; and

                  (iii)         the manner in which the money has been dealt with; and

                  (iv)         any other information required by the Minister.

        (3)         The Minister may at any time, by notice in writing to the holder of a licence, require the holder of the licence to provide to the Minister, within a specified time, a statement setting out specified information relating to money or property collected or received by the holder of the licence for charitable purposes.

        (5)         If the holder of a licence under this Act sells, or otherwise converts into money, any property collected or received by the holder of the licence for a charitable purpose, the money so obtained is, for the purposes of this section, money collected or received by the holder of the licence for a charitable purpose.

        (6)         The Minister may publish on a website maintained by the Minister any information provided by the holder of a licence under this section and must publish—

            (a)         the name of, and contact details for, any person who holds a licence under this Act; and

            (b)         the contents of any statement submitted to the Minister under subsection (2)(b) or a summary of, or extract from, any such statement.

        (7)         The holder of a licence who contravenes or fails to comply with a provision of this section is guilty of an offence.

Maximum penalty: $8 000.

        (7a)         If a body corporate is guilty of an offence against this section, each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—

            (a)         the member knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and

            (b)         the member was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and

            (c)         the member failed to exercise due diligence to prevent the commission of the offence.

        (7b)         If an unincorporated body is guilty of an offence against this section, each member of the unincorporated body is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—

            (a)         the member knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and

            (b)         the member was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and

            (c)         the member failed to exercise due diligence to prevent the commission of the offence.

        (8)         It is a defence to a charge of an offence under this section other than an offence against subsection (7a) or (7b) if the defendant proves that the offence occurred without the defendant's knowledge or consent.

        (9)         If a Commonwealth registered entity taken to hold a section 6 licence for the purposes of this Act has, in respect of a particular period—

            (a)         submitted to the Commonwealth Commissioner an information statement that the entity is required to prepare under the Commonwealth Act and, if relevant, a financial report together with any auditor's report or reviewer's report that the entity is required to obtain under that Act; and

            (b)         submitted to the Minister any other information required by the Minister,

the entity is exempt from the operation of subsections (1), (2) and (7) in relation to that period.

        (10)         A document or information required to be provided to the Minister under this section must be provided in accordance with any requirements specified by the Minister (including requirements as to the form and verification of the document or information, or the time or manner in which it is to be provided).