Charitable Collections Act 1946
Charitable Collections Amendment Regulations 2026
Charitable Collections Act 1946
Charitable Collections Amendment Regulations 2026
Western Australia
Charitable Collections Amendment Regulations 2026
Contents
1.Citation1
2.Commencement1
3.Regulations amended1
4.Regulation 2 amended1
5.Regulation 2A inserted2
2A.Advisory committee (Act s. 10)2
6.Regulation 3 amended3
7.Regulation 4 replaced4
4.Licence extends to branches4
5.Code of conduct (Act s. 12B)4
8.Regulation 8 amended5
9.Regulation 10 amended5
10.Regulation 14 replaced6
14.Door‑to‑door and telephone collections prohibited at certain times6
11.Regulation 16 amended7
12.Schedule 1A inserted8
Schedule 1A — Code of conduct
1.Terms used8
2.National Fundraising Principles8
13.Schedule 1 amended11
14.Schedule 2 amended11
Charitable Collections Act 1946
Charitable Collections Amendment Regulations 2026
Made by the Governor in Executive Council.
These regulations come into operation as follows —
(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;
(b)the rest of the regulations — on 1 August 2026.
These regulations amend the Charitable Collections Regulations 1947.
(1)In regulation 2 delete the definitions of:
approved
Commissioner
(2)In regulation 2 insert in alphabetical order:
advisory committee means the advisory committee established under section 10(1) of the Act;
(3)In regulation 2 in the definition of charitable organisation delete “licence under the Act;” and insert:
licence;
After regulation 2 insert:
2A.Advisory committee (Act s. 10)
(1)The Minister may appoint a person as a member of the advisory committee if the Minister is satisfied that the person —
(a)has knowledge, experience or qualifications relevant to the functions of the advisory committee; or
(b)is a representative of an interest group, industry or occupation that is relevant to the functions of the advisory committee.
(2)A member of the advisory committee —
(a)holds office for the period, not exceeding 3 years, that is specified in the instrument of appointment; and
(b)is eligible for reappointment; and
(c)may resign by written notice given to the Minister.
(3)The Minister may, by written notice given to a member of the advisory committee, terminate the appointment of the member —
(a)if the member has been absent, without leave or reasonable excuse, from 3 consecutive meetings of which the member has had notice; or
(b)in the case of a member appointed under subregulation (1)(a) — if the member ceases to hold the qualifications by virtue of which the member was appointed to the committee; or
(c)in the case of a member appointed under subregulation (1)(b) — if the Minister is no longer satisfied that the member is a representative, or an appropriate representative, of the relevant interest group, industry or occupation; or
(d)for any of the following —
(i)physical or mental inability to perform satisfactorily the duties of the office, otherwise than because of temporary illness;
(ii)misconduct;
(iii)incompetence;
(iv)neglect of duty.
(4)Each member of the advisory committee is entitled to be paid the remuneration (if any) that the Minister, on the recommendation of the Public Sector Commissioner, determines in the case of that member.
(1)In regulation 3(1):
(a)delete the definition of registered charity;
(b)in the definition of ABN delete “41;” and insert:
41.
(2)In regulation 3(2):
(a)in paragraph (b) delete “registered charity” and insert:
Commonwealth registered charity
(b)in paragraph (d)(iii) delete “principal”.
(3)After regulation 3(3) insert:
(4)The application is taken to apply to and include all branches in Western Australia of the applicant unless the contrary is expressed in the application.
Note: The heading to amended regulation 3 is to read:
Application for licence (Act s. 11)
Delete regulation 4 and insert:
A charitable organisation’s licence is taken to apply to and include all branches in Western Australia of the charitable organisation unless the contrary is expressed in the licence.
5.Code of conduct (Act s. 12B)
For the purposes of section 12B(1)(a) of the Act, the code of conduct set out in Schedule 1A is prescribed.
(1)Before regulation 8(1) insert:
(1A)This regulation applies to a charitable organisation only if it is the holder of a licence granted under section 11(3) of the Act.
(2)In regulation 8(2):
(a)delete “licensee’s” and insert:
charitable organisation’s
(b)delete “licensee” and insert:
organisation
In regulation 10(1):
(a)delete paragraph (a) and insert:
(a)collects or has collected any moneys or articles for or in aid of any charitable purpose but with respect to which —
(i)no application for a licence under section 11 of the Act has been made to or granted by the Commissioner; and
(ii)in the case of a Commonwealth registered entity, the entity is not taken to hold a licence under section 6(6) of the Act;
or
(b)in paragraph (b) delete “his or its” and insert:
their
(c)delete “the provisions of section 11 of the Act and these regulations,” and insert:
section 11 of the Act (or, in the case of a Commonwealth registered entity, to give notice under section 6(6)(b) of the Act),
(d)renumber subparagraph (i) as paragraph (c);
(e)renumber subparagraph (ii) as paragraph (d);
(f)renumber subparagraph (iii) as paragraph (e);
(g)after each of subparagraphs (i) and (ii) insert:
or
Delete regulation 14 and insert:
14.Door‑to‑door and telephone collections prohibited at certain times
(1)A collector must not without the written authorisation of the Commissioner conduct a door‑to‑door collection during the following times —
(a)on a weekend — before 9 am or after 5 pm;
(b)on a weekday — before 9 am or after 6 pm;
(c)on a public holiday unless the public holiday is closely connected with the charitable purpose for which the collection is made.
Penalty for this subregulation: a fine of $1 000.
(2)A collector must not without the written authorisation of the Commissioner conduct a telephone collection during the following times —
(a)on a weekend — before 9 am or after 5 pm;
(b)on a weekday — before 9 am or after 8 pm;
(c)on a public holiday unless the public holiday is closely connected with the charitable purpose for which the collection is made.
Penalty for this subregulation: a fine of $1 000.
Delete regulation 16(a) and insert:
(a)the monies are deposited with —
(i)an authorised deposit‑taking institution as defined in the Banking Act 1959 (Cth) section 5(1); or
(ii)a person for which a determination under the Banking Act 1959 (Cth) section 11 provides that section 7(1) or 8(1) of that Act (as the case requires) does not apply to that person;
or
Before Schedule 1 insert:
[r. 5]
(1)In this code of conduct —
collection records has the meaning given in section 15(1) of the Act;
commercial collector means, subject to subclause (2), a collector who is authorised by a charitable organisation to make and profit from a collection for a charitable purpose.
(2)A collector does not profit from a collection merely because in another capacity the collector is entitled to be paid by the charitable organisation that authorised the collection.
Notes for this code of conduct:
1.The terms Act, charitable organisation, collection and collector are defined in regulation 2.
2.The terms charitable purpose and Commissioner are defined in section 5 of the Act.
2.National Fundraising Principles
(1)A charitable organisation must ensure its collectors —
(a)always explain in a way that is appropriate for the audience the charitable purpose for which the collection is made and how funds or contributions raised will be applied; and
(b)are always clearly and individually identifiable by the public, including by —
(i)displaying identification that contains the collector’s name and states whether they are a volunteer, employee, or acting in some other capacity for the charitable organisation or a commercial collector; and
(ii)providing the name and contact details of the charitable organisation or commercial collector (as the case requires);
and
(c)keep and retain collection records that can be easily read and understood; and
(d)always acknowledge and comply with the following —
(i)a refusal to give money or goods;
(ii)a request not to receive future solicitations, including marketing and promotional materials;
(iii)a request to be contacted at a more convenient time or by a different means;
(iv)a request to limit the number, type or frequency of solicitations;
and
(e)never without the written authorisation of the Commissioner conduct a door‑to‑door or telephone collection during the following times —
(i)on a weekend — before 9 am or after 5 pm;
(ii)on a weekday and door‑to‑door — before 9 am or after 6 pm;
(iii)on a weekday and by telephone — before 9 am or after 8 pm;
(iv)on a public holiday unless the public holiday is closely connected with the charitable purpose for which the collection is made;
and
(f)never mislead, deceive or knowingly use false or inaccurate information when collecting; and
(g)never place undue or unreasonable pressure on a person when collecting or act unconscionably in any way to obtain money or goods for the charitable purpose; and
(h)never exploit the trust, lack of knowledge, lack of capacity, apparent need for care and support or vulnerable circumstances of any person giving money or goods; and
(i)always make it clear whether giving money or goods is a one‑off or a recurring contribution and clearly explain how to end a recurring contribution; and
(j)in the case of a person who is or collects for a commercial collector — never accept money or goods without first explaining —
(i)that the person is or collects for a commercial collector that profits from the collection; and
(ii)how the person is paid.
(2)At all times, a charitable organisation must —
(a)conduct all reasonable due diligence when engaging third parties as collectors; and
(b)keep and retain collection records; and
(c)take all reasonable measures to protect the health, safety and wellbeing of collectors employed or directly engaged by the charitable organisation, as well as members of the public, when collecting; and
(d)establish and maintain a complaints process that allows for proper investigation and redress of complaints that may be made by the public relating to a collection made by or on behalf of the charitable organisation; and
(e)encourage a person with concerns about a collection made by or on behalf of the charitable organisation to contact the charitable organisation; and
(f)ensure information covered by the Privacy Act 1988 (Cth) is collected, used and managed in accordance with the Australian Privacy Principles to the extent required under that Act; and
(g)ensure remuneration to commercial collectors engaged to make a collection for the charitable organisation is not excessive when compared to money or goods received for the charitable purpose for which the collection is made.
(1)In Schedule 1 delete “Visiting a house for purposes of collecting outside permitted hours” and insert:
Conducting a door‑to‑door collection at a prohibited time
(2)In Schedule 1 delete “Making telephone call for purposes of collecting outside permitted hours” and insert:
Conducting a telephone collection at a prohibited time
(3)In Schedule 1 delete “Failing to invest monies in a bank or with care, diligence and skill” and insert:
Investing monies other than in accordance with regulation 16
(1)In Schedule 2 Form 1:
(a)delete:
|
Department of Mines, Industry Regulation and Safety Locked Bag 100 East Perth WA 6892 |
and insert:
|
Department of Local Government, Industry Regulation and Safety Locked Bag 14 Cloisters Square Perth WA 6850 |
(b)delete:
In person: Pay the cashier at:
Department of Mines, Industry Regulation and Safety
and insert:
In person: Pay the cashier at the Cannington office, or any regional office, of the Department of Local Government, Industry Regulation and Safety
(2)In Schedule 2 Form 2 delete:
|
Department of Mines, Industry Regulation and Safety Locked Bag 100 East Perth WA 6892 |
and insert:
|
Department of Local Government, Industry Regulation and Safety Locked Bag 14 Cloisters Square Perth WA 6850 |
N. HAGLEY, Clerk of the Executive Council
© State of Western Australia 2026. 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 2026. By Authority: ANDREW JONES, Government Printer