Charitable Collections Amendment Act 2025
Charitable Collections Amendment Act 2025
Western Australia
Charitable Collections Amendment Act 2025
Contents
1.Short title2
2.Commencement2
3.Act amended2
4.Section 5 amended2
5.Section 6 amended3
6.Section 7 deleted4
7.Section 10 amended4
8.Section 11 amended4
9.Section 12 amended5
10.Sections 12A and 12B inserted7
12A.Revocation of licence7
12B.Code of conduct7
11.Section 13 amended8
12.Section 15 amended8
13.Section 16 amended8
14.Section 17 amended8
15.Sections 17B to 17D inserted8
17B.Agreement with Commonwealth Commissioner8
17C.Disclosure of information9
17D.Application of Fair Trading Act 2010 s. 112 and 1139
16.Section 19 amended9
17.Section 20 amended10
18.Section 21 amended10
19.Section 23 inserted10
23.Transitional provision for Charitable Collections Amendment Act 202510
20.Various references to “under this Act” deleted11
Charitable Collections Amendment Act 2025
An Act to amend the Charitable Collections Act 1946.
[Assented to 4 December 2025]
The Parliament of Western Australia enacts as follows:
This is the Charitable Collections Amendment Act 2025.
This Act comes into operation as follows —
(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on a day fixed by proclamation.
This Act amends the Charitable Collections Act 1946.
(1)In section 5 delete the definitions of:
Minister
present war
war fund
(2)In section 5 insert in alphabetical order:
Commonwealth Act means the Australian Charities and Not‑for‑profits Commission Act 2012 (Commonwealth);
Commonwealth Commissioner means the Commissioner of the Australian Charities and Not‑for‑profits Commission established under the Commonwealth Act section 110‑5;
Commonwealth registered entity means an entity registered under the Commonwealth Act Part 2‑1;
licence means a licence —
(a)granted under section 11(3); or
(b)that is taken to be held by a Commonwealth registered entity under section 6(6);
(3)In section 5 in the definition of maladministration delete “collected or held by a war fund or”.
(1)In section 6(1) delete “he” and insert:
the person
(2)In section 6(3) delete “he” and insert:
the accused
(3)After section 6(5) insert:
(6)Subject to subsections (7) and (8), a Commonwealth registered entity is taken to hold a licence for the purposes of this Act —
(a)while the entity remains registered under the Commonwealth Act; and
(b)if the entity has given notice of its intention to do any of the things in subsection (1)(a) to (d) to the Commissioner.
(7)A Commonwealth registered entity is not taken to hold a licence under subsection (6) if the licence has been revoked under section 12A(2).
(8)Also, a Commonwealth registered entity is not taken to hold a licence under subsection (6) if the entity has been granted a licence under section 11(3) and that licence has not been revoked under section 12A(2).
(9)A notice given under subsection (6) must be in a form approved by the Commissioner.
Delete section 7.
(1)In section 10(2) delete “Governor upon the recommendation of the Minister.” and insert:
Minister in accordance with the regulations.
(2)In section 10(3) delete “chairman thereof.” and insert:
chairperson of the committee.
(1)In section 11(1) delete “must” (2nd occurrence) and insert:
may
(2)Delete section 11(2) and insert:
(1A)An application for a licence may be made by a person who is authorised to do so by the applicant.
(2)In considering any application for a licence the advisory committee may take into account any matters the committee considers fit.
(3)In section 11(3) delete “on any” and insert:
(if any) on an
(1)In section 12(1) delete “under this Act” and insert:
granted under section 11(3)
(2)After section 12(1) insert:
(1A)A licence that a Commonwealth registered entity is taken to hold under section 6(6) authorises collections to be made, money to be obtained, or entertainments to be conducted —
(a)for such period or for such occasions as the Commissioner may notify from time to time; or
(b)if no period or occasion is notified, while the licence remains unrevoked.
(3)In section 12(2) delete “issued” and insert:
granted under section 11(3)
(4)Delete section 12(3) and insert:
(3)The Commissioner may, at any time —
(a)impose a condition on a licence; or
(b)vary a condition on a licence; or
(c)revoke a condition on a licence.
(3A)The Commissioner must give written notice of the imposition, variation or revocation of a condition on a licence under subsection (3) to the holder of the licence.
(3B)The imposition, variation or revocation of a condition on a licence under subsection (3) takes effect on notice being given under subsection (3A).
(5)In section 12(4):
(a)in paragraph (a) delete “the provisions of the next succeeding paragraph,” and insert:
paragraph (b),
(b)in paragraph (b) delete “by virtue of the provisions of the last preceding subsection” and insert:
under paragraph (a)
(6)In section 12(5) delete “pursuant to the provisions of paragraph (b) of the last preceding subsection,” and insert:
under subsection (4)(b),
10.Sections 12A and 12B inserted
After section 12 insert:
(1)If the Commissioner proposes to revoke a licence (proposed revocation), the Commissioner may refer the proposed revocation for recommendation by the advisory committee under section 13.
(2)After considering the recommendation of the advisory committee (if any) on a proposed revocation, the Commissioner may at any time revoke a licence.
(3)The Commissioner must give written notice of the revocation of a licence under subsection (2) to the holder of the licence.
(4)The revocation of a licence under subsection (2) takes effect on notice being given under subsection (3).
(1)The regulations may prescribe —
(a)a code of conduct for the purpose of regulating the holders of licences and persons authorised by them; and
(b)transitional provisions for the coming into effect of the code of conduct.
(2)A provision of a code of conduct prescribed under subsection (1) —
(a)is taken to be a condition of a licence; but
(b)cannot be varied under section 12(3)(b) or revoked under section 12(3)(c).
In section 13(1):
(a)delete “so to do”;
(b)delete “issued under this Act to” and insert:
held by
In section 15(3B) delete “section 12(2),” and insert:
section 12(2) or (3)(a) or (b),
(1)In section 16(1) delete “by a war fund”.
(2)Delete section 16(1A).
In section 17(1) delete “by a war fund”.
15.Sections 17B to 17D inserted
After section 17A insert:
17B.Agreement with Commonwealth Commissioner
The Commissioner may enter into an agreement with the Commonwealth Commissioner in relation to —
(a)the manner in which Commonwealth registered entities may provide information for the purposes of this Act; and
(b)the provision of information obtained under the Commonwealth Act to the Commissioner for the purposes of this Act.
The Commissioner may disclose information gained in the course of the administration of this Act to —
(a)the Commonwealth Commissioner; or
(b)an authority responsible for administering a law relating to the collection of money or goods for charitable purposes in another State or a Territory.
17D.Application of Fair Trading Act 2010 s. 112 and 113
The Fair Trading Act 2010 sections 112 and 113 extend and apply, with any necessary modifications, to this Act as if —
(a)the sections were a part of this Act; and
(b)a reference to “this Act” in the sections of that Act were a reference to this Act; and
(c)a reference to “the Department” in section 113 of that Act were a reference to the department of the Public Service principally assisting in the administration of this Act.
After section 19(2) insert:
(3)Proceedings for an offence against this Act may be commenced within 3 years after the day on which the offence is alleged to have been committed.
(1)In section 20(1):
(a)delete “General himself,” and insert:
General,
(b)delete “him” and insert:
the Auditor General
(2)In section 20(4) delete “him” (each occurrence) and insert:
the Auditor General
After section 21(e) insert:
(ea)to provide for the appointment of the members of the advisory committee;
After section 22 insert:
23.Transitional provision for Charitable Collections Amendment Act 2025
(1)In this section —
commencement day means the day on which the Charitable Collections Amendment Act 2025 section 19 comes into operation;
new section 10(2) means section 10(2) as in force on commencement day;
new section 19(3) means section 19(3) as in force on commencement day.
(2)An appointment of a member of the advisory committee that was in force immediately before commencement day continues to have effect on and after commencement day as if it had been made under new section 10(2).
(3)New section 19(3) applies only in relation to proceedings for an offence against this Act alleged to have been committed on or after commencement day.
20.Various references to “under this Act” deleted
In the provisions listed in the Table delete “under this Act”.
Table
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s. 6(1)(e), (f) and (g) |
s. 8 |
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s. 9(1) |
s. 11(1) |
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s. 14 |
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Note: The heading to amended section 14 is to read:
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© State of Western Australia 2025. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: ROGER JACOBS, Acting Government Printer