COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 6
COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 6
6—Collectors must be authorised by licence
(1) Subject to this
section, a person must not act as a collector unless the person holds, or is
authorised by the holder of, a section 6 licence.
Maximum penalty: $8 000.
(2)
Subsection (1) does not apply if—
(a) the
person—
(i)
only collects or attempts to collect money or property
from persons known to the person or with whom the person regularly associates;
and
(ii)
provides all of the money or property so collected to the
holder of a section 6 licence; and
(iii)
is not a paid collector; or
(b) the
person—
(i)
only collects or attempts to collect property for the
purpose of affording relief to a particular person or to the dependants of a
particular person; and
(ii)
provides all of the property so collected to that person
or to those dependants; and
(iii)
is not a paid collector.
(3) A Commonwealth
registered entity is, on giving written notice to the Minister (in accordance
with any requirements of the Minister) of its intention to act as a collector,
taken to hold a section 6 licence for the purposes of this Act while the
entity remains a Commonwealth registered entity.
(4) The Minister may
keep a list of entities who give notice to the Minister under
subsection (3) on a website maintained by the Minister.
(5) A Commonwealth
registered entity's authority to act as a collector under subsection (3)
is subject to—
(a) the
condition that the entity or any other person authorised by the holder of the
licence to act as a collector comply with the code of practice (as in force
from time to time); and
(b) any
other condition imposed by the Minister by notice in writing to the entity.
(6) The Minister may,
by notice in writing to the entity, vary or revoke a condition imposed under
subsection (5)(b) or add conditions to the entity's authority to act as a
collector.
(7) The Minister may,
by notice in writing to the entity, suspend or revoke a Commonwealth
registered entity's authority to act as a collector on any of the following
grounds:
(a) that
donations (whether of money or goods) received for charitable purposes by the
entity have been mismanaged or misapplied;
(b) that
excessive commission or remuneration has been, or is to be, paid to any person
acting as a collector under the authority of the entity, or acting in
connection with an entertainment conducted under the authority of the entity,
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;
(c) the
entity's contravention of or failure to comply with a condition of the
entity's authority to act as a collector or a requirement under this Act;
(d) that
any other circumstances exist that justify, in the opinion of the Minister,
suspension or revocation of the entity's authority to act as a collector.
(8) Suspension of a
Commonwealth registered entity's authority to act as a collector under this
section may be for a specified period or until the fulfilment of stipulated
conditions or until further notice by the Minister.
(9) If the Minister
revokes a Commonwealth registered entity's authority to act as a collector
under this section, the Minister may prohibit the entity from giving notice
under subsection (3) for a specified period or until the fulfilment of
stipulated conditions or until further notice by the Minister.
(10) In addition, the
following provisions apply in connection with the operation of
subsection (3):
(a) the
entity will be treated, for the purposes of this Act, as if it had been
granted a section 6 licence on the day on which the notice under
subsection (3) was given to the Minister (subject to any express
provision to the contrary);
(b) the
entity's authority to act as a collector under subsection (3) continues
until—
(i)
it is suspended or revoked in accordance with
subsection (7); or
(ii)
the entity's registration is revoked under the
Commonwealth Act (and in such case the entity ceases to be taken to hold a
section 6 licence for the purposes of this Act on the day on which the
revocation is made);
(c) any
section 6 licence held by the entity (by virtue of the grant of a licence
pursuant to an application under section 11) (an "existing licence ) in
operation at the time of the giving of notice under subsection (3) is
cancelled by force of this section;
(d)
despite paragraph (c), the requirements of section 15 continue to
apply in relation to money collected or received under the existing licence
during the financial year or statement period (within the meaning of
section 15) in which the existing licence is cancelled.