All licences issued under the Charitable Collections Act 1946 (the Act ) are subject to standard conditions imposed by the Commissioner for Consumer Protection (the Commissioner). A failure by an organisation to comply with these conditions may result in the charitable collections licence being revoked.
Conditions on licence
- The licence holder must not, without the written consent of the Commissioner:
- permit a person who is a member of the governing body and who is, or becomes, a disqualified person, to continue to be a member of the governing body; or
- appoint a disqualified person to be a member of the governing body.
- If the licence holder is registered with the Australian Charities and Not-for-profit Commission (ACNC), it does not have to give collection records to the Commissioner unless the Commissioner issues notice in writing pursuant to section 15(3) of the Act.
- If the licence holder is not registered with the ACNC, it must, within six (6) months of the end of any financial year in which it holds a licence, give to the Commissioner in the approved form:
- if the total annual revenue from collections for a financial year is less than $500,000, copies of the collection records for that financial year;
- if the total annual revenue from collections for a financial year is $500,000 or over but less than $3,000,000, copies of the collection records for that financial year reviewed or audited by an auditor approved by the Commissioner; or
- if the total annual revenue from collections for a financial year is $3,000,000 or over, copies of the collection fecords for that financial year audited by an auditor approved by the Commissioner.
Cessation or revocation
- Subject to Condition 5, if the licence holder does not, for a continuous period of 12 months, undertake any charitable collection with the meaning of Section 6 of the Act, the licence holder shall surrender its licence forthwith by notifying the Commissioner in writing.
- A licence holder is not required to surrender its licence under Condition 4 if it gives to the Commissioner notice in writing that it intends, within the period of 12 months from the date of the notice, to undertake a charitable collection.
- If a licence holder who has given notice under Condition 5 does not, within the period of 12 months from the date of the notice, undertake a charitable collection, it shall surrender its licence forthwith by notifying the Commissioner in writing.
- If a licence is surrendered by the licence holder, or revoked by the Commissioner, the licence holder must, within six (6) months of the date of surrender or revocation, give to the Commissioner in the approved form:
- if the Licence holder has previously given Collection Records in accordance with Condition 3, copies of the Collection Records for the period since the Licence holder last gave Collection Records under Condition 5; or
- if the Licence holder has not previously given Collection Records in accordance with Condition 3, copes of the collection records for the period of twelve (12) months preceding the surrender or revocation, or such other period as the Commissioner notifies in writing.
Approved form is the form approved by the Commissioner for Consumer Protection. The approved form will vary for different categories of licence holders based on annual revenue.
Collection records has the definition at section 15(1) of the Act.
Disqualified person is any person who:
- is disqualified from managing corporations under the Corporations Act 2001 (Cth) Part 2D.6, or
- must not accept appointment or act as a member of a management committee of an incorporated association under the Associations Incorporation Act 2015 (WA) Division 1, or
- has been disqualified from acting as a responsible person of a charity by the Commissioner of the ACNC under the Australian Charities and Not-for-profits Commission Regulation 2013 (Cth) Subdivision 45-B – Governance Standards.
Governing body is the body responsible for management of the licence holder and may be a committee, board of management or trustee.
Licence holder is the entity named on the Charitable Collections licence granted by the Commissioner for Consumer Protection.