Charitable Collections Act 1946
Charitable Collections Regulations 1947
Western Australia
Charitable Collections Regulations 1947
Contents
1.Citation1
2.Terms used1
2A.Advisory committee (Act s. 10)2
3.Application for licence (Act s. 11)3
4.Licence extends to branches4
5.Code of conduct (Act s. 12B)4
8.Information to be disclosed5
10.Unlicensed charitable collections5
11.Bank account7
14.Door‑to‑door and telephone collections prohibited at certain times8
16.Investments8
18.Infringement notices9
19.Forms10
20.Transitional provision for Consumer Protection Regulations Amendment Regulations 201910
Schedule 1A — Code of conduct
1.Terms used11
2.National Fundraising Principles11
Schedule 1 — Prescribed offences and modified penalties
Schedule 2 — Forms
Notes
Compilation table18
Other notes19
Defined terms
Charitable Collections Act 1946
Charitable Collections Regulations 1947
These regulations may be cited as the Charitable Collections Regulations 1947.
In these regulations unless the context otherwise requires —
Act shall mean the Charitable Collections Act 1946;
advisory committee means the advisory committee established under section 10(1) of the Act;
branch organisation means any branch of any charitable organisation approved as such by the governing body of that organisation;
charitable organisation means any person, society, body or association, being the holder of a licence;
collection includes the soliciting of funds or contributions and the selling or offering for sale of any button, badge, token, or other similar thing for the purpose of raising funds or contributions;
collector means any person assisting or taking part in any collection;
executive officers when used in reference to any charitable organisation, or to any branch organisation, shall include the Trustees, Chairman, President, Committee Member, Secretary or Treasurer or any other person holding any executive position by whatsoever name that position is given.
[Regulation 2 amended: Gazette 22 Sep 2006 p. 4079; 30 Jun 2011 p. 2647; 24 Dec 2019 p. 4417; SL 2026/153 r. 4.]
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.
[Regulation 2A inserted: SL 2026/153 r. 5.]
3.Application for licence (Act s. 11)
(1)In this regulation —
ABN means Australian Business Number as defined in the A New Tax System (Australian Business Number) Act 1999 (Commonwealth) section 41.
(2)An application for a licence under section 11 of the Act must include —
(a)the name and contact details of the applicant; and
(b)whether the applicant is a Commonwealth registered charity and, if so, the applicant’s ABN; and
(c)the name, address and role of the person making the application on behalf of the applicant; and
(d)any of the following that the Commissioner requires —
(i)details of the charitable purpose for which the licence is sought;
(ii)details of the collection activities the applicant plans to undertake;
(iii)the name, address and role of each of the executive officers of the applicant;
(iv)the name of the bank at which the applicant holds the account required to be opened under regulation 11(1);
(v)the name, address and qualifications of the auditor of the applicant’s accounts;
(vi)a copy of the constitution or rules governing the applicant;
(vii)a copy of the applicant’s last income and expenditure account and balance sheet;
and
(e)any other information that the Commissioner requires that is relevant to deciding whether to grant or refuse the licence.
(3)The application must be signed by the person making the application on behalf of the applicant.
(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.
[Regulation 3 inserted: SL 2020/120 r. 4; amended: SL 2026/153 r. 6.]
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.
[Regulation 4 inserted: SL 2026/153 r. 7.]
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.
[Regulation 5 inserted: SL 2026/153 r. 7.]
[6, 7.Deleted: Gazette 22 Aug 2000 p. 4847.]
(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.
(1)Any charitable organisation shall, if so required by the Commissioner, provide all requisite information with respect to such organisation or to any branch organisation thereof, including the names and addresses of the executive officers and the date of creation of such charitable and branch organisations.
Penalty for this subregulation: a fine of $1 000.
(2)If there is a change of a charitable organisation’s executive officers, the organisation must give the Commissioner written notice of the change in accordance with subregulation (3) within one month after the change.
Penalty for this subregulation: a fine of $1 000.
(3)The notice must state —
(a)the name, address and designation of each new executive officer of the organisation; and
(b)the name of each person who has stopped being an executive officer of the organisation.
[Regulation 8 amended: Gazette 22 Aug 2000 p. 4847; 24 Dec 2019 p. 4417; SL 2020/120 r. 5; SL 2026/153 r. 8.]
[9.Deleted: Gazette 22 Aug 2000 p. 4847.]
10.Unlicensed charitable collections
(1)Where any person or any body, combination, or committee of persons —
(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)receives or has received or has under or in their control, possession, order or disposition, any moneys or articles which have been collected for or in aid of any charitable purpose referred to in the preceding paragraph,
and such person or any such body, combination or committee of persons neglects or refuses to make application for authority under 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), or to obey any lawful order or direction of the Commissioner, the Commissioner may, on the advice of the advisory committee, direct that any moneys or securities for moneys or any articles collected as aforesaid or a sum equivalent to the amount of moneys originally collected shall be —
(c)applied to purposes connected with the charitable purpose as if such moneys or articles had been collected by a charitable organisation; or
(d)vested in and transferred to a charitable organisation; or
(e)vested in and transferred to the Commissioner for allotment to a charitable purpose.
(2)A person given a direction under subregulation (1) must comply with the direction.
Penalty for this subregulation: a fine of $1 000.
(3)The provisions of this regulation and any direction given by the Commissioner hereunder shall not exempt any person from liability for any breach of the Act or regulations.
[Regulation 10 amended: Act No. 113 of 1965 s. 8; Gazette 24 Dec 2019 p. 4417; SL 2020/120 r. 6; SL 2026/153 r. 9.]
(1)Any executive officer of any charitable organisation who collects or receives moneys for any charitable purpose shall, within 7 days of the receipt thereof, pay the same to the credit of a bank account, to be opened for this purpose.
Penalty for this subregulation: a fine of $1 000.
(2)Every person, other than an executive officer, who collects or receives any money on behalf of, or belonging to, a charitable organisation, shall within 14 days of the receipt thereof pay the same to the controlling body of the charitable organisation.
Penalty for this subregulation: a fine of $1 000.
(3)A charitable organisation must keep a register of assets if the organisation —
(a)has assets other than cash on hand or at bank; and
(b)has not recorded the assets in books of account.
Penalty for this subregulation: a fine of $1 000.
(4)Every bank account of a charitable organisation is to be operated by authority signed by 2 officers of the organisation appointed in writing for the purpose by the governing body of the organisation.
[Regulation 11 amended: Gazette 22 Oct 1970 p. 3235; 8 Sep 1972 p. 3506; 22 Aug 2000 p. 4847; SL 2020/120 r. 7.]
[12, 13.Deleted: Gazette 22 Aug 2000 p. 4847.]
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.
[Regulation 14 inserted: SL 2026/153 r. 10.]
[15.Deleted: Gazette 22 Aug 2000 p. 4848.]
A charitable organisation must not invest monies belonging to the organisation unless —
(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
(b)the organisation, in making the investment, exercises the care, diligence and skill that a prudent person would exercise in managing the financial affairs of other persons.
Penalty: a fine of $1 000.
[Regulation 16 inserted: SL 2020/120 r. 9; amended: SL 2026/153 r. 11.]
[17.Deleted: SL 2020/120 r. 10.]
(1)The offences specified in Schedule 1 are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.
(2)The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of section 5(3) of the Criminal Procedure Act 2004.
(3)The Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of Part 2 of the Criminal Procedure Act 2004.
(4)The Commissioner is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
[Regulation 18 inserted: Gazette 22 Sep 2006 p. 4079; amended: Gazette 12 Jun 2009 p. 2107.]
The forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms.
[Regulation 19 inserted: Gazette 22 Sep 2006 p. 4079.]
20.Transitional provision for Consumer Protection Regulations Amendment Regulations 2019
(1)In this section —
commencement day means the day on which this regulation comes into operation.
(2)If an act, matter or thing done or omitted to be done by the Minister under or for the purposes of these regulations before commencement day has effect on or after commencement day, the act, matter or thing is taken to have been done or omitted to be done by the Commissioner.
[Regulation 20 inserted: Gazette 24 Dec 2019 p. 4416-17.]
[Appendix deleted: Gazette 22 Aug 2000 p. 4848.]
[r. 5]
[Heading inserted: SL 2026/153 r. 12.]
(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.
[Schedule 1A inserted: SL 2026/153 r. 12.]
Schedule 1 — Prescribed offences and modified penalties
[r. 18]
[Heading inserted: SL 2020/120 r. 11.]
|
Offences under Charitable Collections Act 1946 |
Modified penalty |
|
|
s. 6(1) |
Unlicensed person collecting for charity |
$1 000 |
|
s. 9(2) |
Failing to deliver moneys, books etc. when authority revoked |
$1 000 |
|
s. 15(2) |
Failing to keep and retain collection records |
$1 000 |
|
s. 15(3A) |
Failing to provide Commissioner or auditor with access to collection records |
$1 000 |
|
Offences under Charitable Collections Regulations 1947 |
Modified penalty |
|
|
r. 8(1) |
Failing to provide information required by Commissioner |
$200 |
|
r. 8(2) |
Failing to notify change of executive officers |
$200 |
|
r. 10(2) |
Failing to comply with direction from Commissioner |
$200 |
|
r. 11(1) |
Failing to bank charitable money |
$200 |
|
r. 11(2) |
Failing to deposit charitable money with organisation |
$200 |
|
r. 11(3) |
Failing to keep register of assets |
$200 |
|
r. 14(1) |
Conducting a door‑to‑door collection at a prohibited time |
$200 |
|
r. 14(2) |
Conducting a telephone collection at a prohibited time |
$200 |
|
r. 16 |
Investing monies other than in accordance with regulation 16 |
$200 |
[Schedule 1 inserted: SL 2020/120 r. 11; amended: SL 2026/153 r. 13.]
[r. 19]
[Heading inserted: Gazette 22 Sep 2006 p. 4080.]
Form 1 — Infringement notice
|
Infringement notice |
Infringement |
|
|
Alleged offender |
Name:Family name |
|
|
Given names |
||
|
orCompany name ____________________________________ ACN |
||
|
Address ________________________________________________ Postcode |
||
|
Alleged offence |
Description of offence _____________________________________
|
|
|
Charitable Collections Act 1946 s. Charitable Collections Regulations 1947 r. |
||
|
Date /20Timea.m./p.m. |
||
|
Modified penalty $ |
||
|
Officer issuing notice |
Name |
|
|
Signature |
||
|
Office |
||
|
Date |
Date of notice//20 |
|
|
Notice to alleged offender |
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice. How to pay By post: Send a cheque or money order (payable to ‘Approved Officer — Charitable Collections Act 1946’) to: Approved Officer — Charitable Collections Act 1946 Department of Local Government, Industry Regulation and Safety Locked Bag 14 Cloisters Square Perth WA 6850
In person: Pay the cashier at the Cannington office, or any regional office, of the Department of Local Government, Industry Regulation and Safety ____________________________________________ If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. If you need more time to pay the modified penalty, you can apply for an extension of time by writing to the Approved Officer at the above postal address. If you want this matter to be dealt with by prosecution in court, sign here ______________________________________________ |
|
[Form 1 inserted: Gazette 22 Sep 2006 p. 4080; amended: Gazette 20 Aug 2013 p. 3824; SL 2020/120 r. 12; SL 2020/163 r. 14; SL 2026/153 r. 14(1).]
Form 2 — Withdrawal of infringement notice
|
Charitable Collections Act 1946 Withdrawal of infringement notice |
Withdrawal no. |
|
|
Alleged offender |
Name:Family name |
|
|
Given names |
||
|
orCompany name _____________________________________ ACN |
||
|
Address _________________________________________________ Postcode |
||
|
Infringement notice |
Infringement notice no. |
|
|
Date of issue //20 |
||
|
Alleged offence |
Description of offence ____________________________________
|
|
|
Charitable Collections Act 1946 s. Charitable Collections Regulations 1947 r. |
||
|
Date//20Time a.m./p.m. |
||
|
Officer withdrawing notice |
Name |
|
|
Signature |
||
|
Office |
||
|
Date |
Date of withdrawal //20 |
|
|
Withdrawal of infringement notice
[*delete |
The above infringement notice issued against you has been withdrawn. If you have already paid the modified penalty for the alleged offence you are entitled to a refund. *Your refund is enclosed. or *If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to: Approved Officer — Charitable Collections Act 1946 Department of Local Government, Industry Regulation and Safety Locked Bag 14 Cloisters Square Perth WA 6850 Signature//20 |
|
[Form 2 inserted: Gazette 22 Sep 2006 p. 4081; amended: SL 2020/120 r. 12; SL 2026/153 r. 14(2).]
This is a compilation of the Charitable Collections Regulations 1947 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
|
Citation |
Published |
Commencement |
|
Charitable Collections Regulations 1947 |
3 Apr 1947 p. 566‑73 |
3 Apr 1947 |
|
Untitled regulations |
2 Oct 1953 |
2 Oct 1953 |
|
Decimal Currency Act 1965 assented to 21 Dec 1965 |
Act other than s. 4-9: 21 Dec 1965 (see s. 2(1)); |
|
|
Reprint of the Charitable Collections Regulations 1947 in Gazette 26 Jul 1966 p. 2067‑77 (includes amendments listed above) |
||
|
Untitled regulations |
22 Oct 1970 p. 3235 |
22 Oct 1970 |
|
Untitled regulations |
8 Sep 1972 p. 3506 |
8 Sep 1972 |
|
Untitled regulations |
21 Jan 1977 p. 132 |
21 Jan 1977 |
|
Charitable Collections Amendment Regulations 1994 |
6 May 1994 p. 1874‑5 |
6 May 1994 |
|
Charitable Collections Amendment Regulations 1998 |
18 Aug 1998 p. 4451 |
18 Aug 1998 |
|
Charitable Collections Amendment Regulations (No. 2) 1998 |
27 Nov 1998 p. 6341 |
27 Nov 1998 |
|
Charitable Collections Amendment Regulations 2000 1 |
22 Aug 2000 p. 4845-8 |
22 Aug 2000 |
|
Reprint of the Charitable Collections Regulations 1947 as at 3 Oct 2000 (includes amendments listed above) |
||
|
Charitable Collections Amendment Regulations 2006 |
22 Sep 2006 p. 4078‑81 |
22 Sep 2006 (see r. 2(a)) |
|
Charitable Collections Amendment Regulations 2009 |
12 Jun 2009 p. 2106‑7 |
r. 1 and 2: 12 Jun 2009 (see r. 2(a)); |
|
Charitable Collections Amendment Regulations 2011 |
30 Jun 2011 p. 2647 |
r. 1 and 2: 30 Jun 2011 (see r. 2(a)); |
|
Reprint 3: The Charitable Collections Regulations 1947 as at 26 Apr 2013 (includes amendments listed above) |
||
|
Charitable Collections Amendment Regulations 2013 |
20 Aug 2013 p. 3824 |
r. 1 and 2: 20 Aug 2013 (see r. 2(a)); |
|
Charitable Collections Amendment Regulations 2017 |
10 Mar 2017 p. 1567 |
r. 1 and 2: 10 Mar 2017 (see r. 2(a)); |
|
Consumer Protection Regulations Amendment Regulations 2019 Pt. 2 |
24 Dec 2019 p. 4416-20 |
1 Jan 2020 (see r. 2(b) and Gazette 24 Dec 2019 p. 4415) |
|
Charitable Collections Amendment Regulations 2020 |
SL 2020/120 21 Jul 2020 |
r. 1 and 2: 21 Jul 2020 (see r. 2(a)); |
|
Commerce Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 7 |
SL 2020/163 25 Sep 2020 |
29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |
|
Charitable Collections Amendment Regulations 2026 |
SL 2026/153 22 Jul 2026 |
r. 1 and 2: 22 Jul 2026 (see r. 2(a)); |
1The Charitable Collections Amendment Regulations 2000 r. 12 reads as follows:
12.Savings and transition
(1)A licence that was in force immediately before the commencement of these regulations, and any terms or conditions to which the licence was subject immediately before that commencement, are not taken to be affected by the amendments that are effected by these regulations.
(2)However, on and after the commencement of these regulations, the Charitable Collections Regulations 1947, as amended by these regulations, apply to a licence that was in force immediately before that commencement, and to the licensee, as if the licence had been issued after the commencement of these regulations.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
ABN3(1)
Act2
advisory committee2
branch organisation2
charitable organisation2
collection1
collection recordsSch. 1A cl. 1(1)
collector2
commencement day20(1)
commercial collectorSch. 1A cl. 1(1)
executive officers2
© 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