QueenslandCollections Act
1966COLLECTIONSREGULATION1975Reprinted as in force on 11 July
1997(includes amendments up to SL No. 173 of
1997)Reprint No. 1AThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThisregulationisreprintedasat11July1997.Thereprintshowsthelawasamendedbyallamendmentsthatcommencedonorbeforethatday(ReprintsAct1992 s
5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.This page is specific to this
reprint.See previous reprint for information about
earlierchanges made under the Reprints Act
1992.A table of earlier reprints is included
inthe endnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s15s6Collections Regulation 1975COLLECTIONS REGULATION 1975[as
amended by all amendments that commenced on or before 11 July
1997]†PART 1—PRELIMINARY˙Short
title and commencement1.This regulation
may be cited as theCollections Regulation 1975andshall come into operation on and from 1
March 1975.˙Interpretation4.In
this regulation—“device”means any badge,
emblem, disc, token, artificial flower or otherdevice:any
reference to the distribution or disposal of any device
shallinclude a reference to the distribution or
disposal of any article bearing,containing or
being in any manner whatsoever a representation of thatdevice.†PART
2—CHARITIES˙Application for registration6.(1)Everyapplicationforregistrationasacharityunderandforthepurposes of the Act shall be made in the
approved form by the governingbodyoftheassociationorsomepersonauthorisedinthatbehalfand,without limiting
the power of the chief executive to require other documentsand
information to be supplied, shall be accompanied by—(a)a copy of the constitution, as in
force at the time of the making oftheapplication,oftheassociationinrespectofwhichtheapplication is made, certified as a true and
correct copy under the
s76s7Collections Regulation 1975hand
of any 2 members of the governing body of the association;(b)acopyoftheresolutionorminuteoftheproceedingsoftheassociationorgoverningbodythereof,wherebyapprovalwasgiventothemakingoftheapplication,certifiedasatrueandcorrect copy by the persons certifying
the copy of the constitutionunder paragraph
(a);(c)where appropriate—a copy of the last
balance sheet or statementof the financial affairs of the
association.(2)EveryapplicationforregistrationasacharityunderandforthepurposesoftheActmadebyabranchorsectionofanassociation(including a
charity) shall be accompanied by the consent in writing of
thecentral body of the association.(3)Within 7 days of the date of the
lodging with or posting to the chiefexecutive of the
application for registration of the association as a charity
thesaid association shall cause to be
published—(a)in a newspaper published in Brisbane
and circulating throughoutthe State; and(b)in a
newspaper (if any) published in the district in which the
saidassociation’s registered address is
situated;a notification that the said association has
so applied to the chief executivefor registration
as a charity, the date the said application was lodged with
orposted to the chief executive and the date by
which any objection to the saidregistration must
be lodged with the chief executive.(4)Upon
publication of the said notification the said association
shallforthwith forward a copy thereof to the chief
executive.˙Notification of determination of
application7.(1)Thechiefexecutiveshallcauseeachapplicanttobenotifiedinwriting of—(a)the
grant and the conditions subject to which the grant is made
(ifany); or(b)the
refusal;by the Minister of the
application.
s87s9Collections Regulation 1975(2)A list of associations that are
refused registration must be kept by thechief
executive.(2A)The list must
include the following particulars in relation to eachassociation that is included in the
list—(a)the name of the association;(b)the day registration is
refused;(c)the objects of the association;(d)particulars of the governing
body.(3)ThecertificateofregistrationtobegivenbytheMinisterinaccordance with section 19(9) of the Act
shall be in the approved form.˙Register of charities—Act, s 198.The following particulars in relation
to an association that is granted anapplication for
registration as a charity by the Minister must be included
inthe register of charities—(a)the name of the association;(b)the charitable purpose for which the
association is established;(c)the
day the grant is made;(d)any conditions
on which the grant is made;(e)any
particulars or remarks the Minister may require to be
enteredin the register.˙Objections to registration and applications
for removal afterregistration9.(1)An
objection under section 21(2) of the Act to the registration of
anassociation as a charity shall be in the
approved form and shall be lodgedwith the Minister
within 1 month of the date of the lodging with or postingto
the chief executive of the application for registration of the
association asa charity.(2)An
application under section 21(2) of the Act for the removal of
anassociation (including a charity) from the
register of charities shall be in the
s98s9Collections Regulation 1975approved form, shall be lodged with the
Minister and shall set forth theground on which
the removal is sought.(3)Where an
objection to registration or an application for removal isrejected by the Minister no application for
removal under section 21(2) ofthe Act shall be
lodged on the same ground or grounds within 12 months ofthe
date of the determination by the Minister of that objection or
application.(4)EverysuchobjectionandapplicationshallbelodgedwiththeMinister in duplicate.(5)A copy of each objection to
registration or application for removalshallbegivenbytheobjectororapplicant,asthecasemaybe,totheassociation or charity in respect of which
the objection or application ismade by any of
the means provided by section 42 of the Act proof whereofshall
be given to the Minister forthwith.(5A)Theassociationorcharitymay,within1monthofthedateofreceipt of the copy of the objection or
application, lodge with the Minister awritten statement
in answer to such objection or application.(6)The
Minister, at any time after the expiration of the time allowed
bysubsection (5), shall determine the objection
to registration or application forremoval, as the
case may be, and the Minister’s determination thereon shallbe
final.(6A)TheMinistermayeitherrejectorapprovetheobjectionorapplication.(6B)The
chief executive shall cause each objector or applicant, and
theassociationorcharityconcernedtobenotifiedinwritingofthedetermination by the Minister of the
objection or application.(7)Where the
Minister gives approval to the objection to registration ortotheapplicationforremovalnoapplicationforregistrationoftheassociation thereon refused or removed
from the register of charities shallbe made within 12
months of the date of the determination by the Minister.(8)Thegrounds(otherthanthegroundthattheassociationisnotacharity)onwhichanobjectiontotheregistrationofanassociationasacharity may be lodged under section
21(2) of the Act shall be any of thefollowing—(a)that the association is not
established in good faith as a charity;
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Regulation 1975(b)that the charity will not be properly
administered;(c)that the objects of the charity are
already covered by a charitywhich is
registered under the Act;(d)that any person
connected with its management is not a fit andproper person to
administer its affairs.˙Removal from the
register of charities10.(1)Where it is made
to appear to the Minister that any association(including a
charity) should be removed from the register of charities
forany of the causes set forth in section
22(1)(a) and (b) of the Act and where awritten statement
pursuant to section 9(5A) has not been lodged with theMinistertheMinistermayrequirethegoverningbodyofthesaidassociation to show cause why the association
should not be removed fromthe register of charities.(2)Wherepursuanttosubsection(1)theMinistersorequiresthegoverningbodyofanassociationtoshowcausewhyitshouldnotberemoved from the
register of charities the show cause notice shall be inwriting and shall be given to the persons to
whom it is directed or to such ofthem as it is
possible to find by any of the means provided by section 42
ofthe Act.(3)The
notice shall set out particulars of the circumstances which make
itappeartotheMinisterthattheassociationshouldberemovedfromtheregister of charities and shall state
therein a period not less than 14 daysfrom the date of
the notice within which cause is to be shown.(4)Should good cause not be shown within the
period stated in the noticetheassociationshallberemovedfromtheregisterofcharitiesandshallthereupon cease
to be a charity registered under the Act.˙Public
notice of removal from the register of charities11.Public notice of any removal from the
register of charities shall begiven by the
chief executive at least once and may be given in the gazette
orin a newspaper circulating in the district in
which the association (includinga charity) was
established or made its appeals for support or by such othermeans
as the Minister may direct.
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Regulation 1975˙Certificate of registration to be
returned12.(1)Where a charity
has ceased to function or has been removed fromthe register of
charities the certificate of registration issued by the
Ministershall be returned to the chief
executive.(2)In the case where a charity has ceased
to function the certificate shallbe so returned by
the person who, immediately before the charity ceased tofunction, was the secretary of the governing
body of the charity, not laterthan 1 month
after the charity has ceased to function.(3)Inthecasewereacharityhasbeenremovedfromtheregisterofcharities the certificate shall be so
returned by the secretary of the governingbody of the
charity not later than 2 months after the date of the decision
ofthe Minister.(4)Uponprooftothechiefexecutive’ssatisfactionanduponsuchconditions as he or she sees fit the chief
executive may waive the provisionsof this
regulation in any case in which a certificate is destroyed, lost
orotherwise can not be located.†PART 3—SANCTIONS˙Application for sanction13.(1)Every application for a sanction under and
for the purposes of theActshallbemadeintheapprovedformbythegoverningbodyoftheassociation or some person authorised
in that behalf and, where the purposetobesanctionedcomprisestheobjectsofanyassociation,shallbeaccompanied by—(a)a
copy of the constitution, as in force at the time of the making
oftheapplication,oftheassociationinrespectofwhichtheapplication is made, certified as a true and
correct copy under thehand of any 2 members of the governing
body of the association;(b)acopyoftheresolutionorminuteoftheproceedingsoftheassociation or of the governing body
thereof, whereby approvalwas given to the making of the
application, certified as a true andcorrect copy by
the persons certifying the copy of the constitution
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Regulation 1975under paragraph (a);(c)where appropriate—a copy of the last balance
sheet or statementof the financial affairs of the
association.(2)Every application for a sanction under
and for the purposes of the Actmadebyabranchorsectionofanassociationwhoseobjectsareacommunity purpose shall be accompanied
by the consent in writing of thecentral body of
the association.˙Notification of determination of
application14.(1)The chief
executive shall cause each applicant to be notified inwriting of—(a)the
grant and the conditions subject to which the grant is made
(ifany); or(b)the
refusal;by the Minister of the application.(2)The chief executive shall cause a
sanction in the approved form to beissued to each
applicant whose application in that behalf has been granted.˙Register of sanctions15.(1)A register of
sanctions must be kept by the chief executive.(2)The
following particulars in relation to an application for a
sanctionthat is given by the Minister must be
included in the register—(a)the name of the
applicant;(b)the purpose for which the sanction is
given;(c)the day the sanction is given;(d)any conditions on which the sanction
is given;(e)any particulars or remarks the
Minister may require to be enteredin the
register.(3)The chief executive also must include
particulars on the register ofany revocation of
a sanction.
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Regulation 1975(4)The chief executive must keep a record
of any refusal by the Ministerof an application
for a sanction.˙Revocation of sanction16.(1)WhereitismadetoappeartotheMinisterthatanysanctionshould be revoked
for any of the causes set forth in section 12(8)(a) to (e)of
the Act, the Minister may require the person to whom, or the
governingbody of the association in respect of which,
the sanction is given to showcause why the
sanction should not be revoked.(2)Where pursuant to subsection (1) the
Minister so requires the personto whom, or the
governing body of the association in respect of which, thesanction is given to show cause why the
sanction should not be revoked theshow cause notice
shall be in writing and shall be given to the persons towhom
it is directed or to such of them as it is possible to find by any
of themeans provided by section 42 of the
Act.(3)The notice shall set out particulars
of the circumstances which made itappear to the
Minister that the sanction should be revoked and shall statetherein a period not less than 14 days from
the date of the notice withinwhich cause is to
be shown.(4)Should good cause not be shown within
the period stated in the noticetheMinistershallrevokethesanctionintheapprovedformandthatsanction shall
thereupon cease to have effect.˙Condition of sanction17.The
promoter of an appeal for support shall be previously
authorisedby the governing body in writing to act as
such whether by the promoter’sname or by the
office which the promoter holds.˙Sanction to be returned18.(1)Where a sanction has expired or been revoked
the sanction issuedby the Minister shall be returned to the
chief executive.(2)In the case where a sanction has
expired it shall be so returned by thepromoter not
later than 1 month after the sanction has expired.
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Regulation 1975(3)In the case where a sanction has been
revoked it shall be so returnedby the promoter
not later than 2 months after the date of the decision of
theMinister.(4)Uponprooftothechiefexecutive’ssatisfactionanduponsuchconditions as he or she sees fit the chief
executive may waive the provisionsof this section
in any case in which a sanction is destroyed, lost or
otherwisecannot be located.†PART
4—DOOR-TO-DOOR APPEALS AND STREETCOLLECTIONS˙Appeals for support19.(1)For
the purposes of part 4 of the Act any appeal for support
shallbe authorised by the governing body of the
association or by some officerthereof, in the
case of every collection—(a)by the issue to
the collector of a distinctive armlet or badge.Allsuch
armlets or badges shall be consecutively numbered and arecord of the persons to whom such armlets
or badges have beenissued shall be kept by the
association.Any such armlet or badgeshall be used
only by the person to whom it is issued and shallnot
be transferable; and(b)by the execution
and delivery to the collector of a written authorityin
the approved form.(2)Every collector shall—(a)signhisorhernameonthewrittenauthorityissuedtothecollectorandproduceitonthedemandofanypoliceofficer,inspector or any
other person when making an appeal; and(b)wherever possible, sign his or her name on
the armlet or badgeissued to the collector and wear it
prominently whenever engagedin collecting;
and(c)keep such authority and armlet or
badge in his or her possessionand return them
to the promoter of the collection on replacement
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Regulation 1975thereof or when the collection is completed
or at any other timeon the demand of the promoter of the
collection; and(d)return to the promoter of the
collection the collecting box (withthe seal
unbroken) or the receipt book issued to the collector (witha
sum equal to the total of the contributions entered
therein)—(i)whenthecollectingboxisfullorthereceiptbookisexhausted; or(ii)upon
the demand of the promoter of the collection; or(iii)when he or she
does not desire to act as a collector; or(iv)upon
the completion of the collection.(3)The
promoter of a collection shall exercise all due diligence to
ensurethat all written authorities and armlets or
badges obtained by the promoterfor the purposes
of the collection are destroyed when no longer required inconnection with that collection or in
connection with a further collectionwhichthepromoterhasbeendulyauthorisedtopromoteforthesamepurpose.(4)Everyapplicationtohaveadayassignedwhereonadoor-to-doorappeal or a
street collection may be made shall be in the approved form.(4A)Thechiefexecutiveshallcauseeachapplicanttobenotifiedinwriting of—(a)the
assignment of a day and the conditions subject to which theassignment is made (if any); or(b)the refusal to assign a day;by
the Minister.(4B)Every
notification pursuant to subsection (4A)(a) shall be in theapproved form.(4C)Every application shall be made not less
than 14 days before thedate of the collection and, in the case
of a door to door appeal, not more than12 months before
that date.(4D)TheMinister,forgoodcauseshown,maywaiveeitheroftheprovisions of
subsection (4C).(5)Everyassociationorpromoteremployinganypaidcollectorshall
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Regulation 1975furnishtothechiefexecutivenotlessthan14dayspriortothecommencementofthecollector’sitineraryparticularsofthetownsorsuburbs proposed to be visited and the dates
of those visits.˙Conditions for collection20.(1)The conditions
under which persons may be permitted to make orcause to be made
appeals for support for the purposes of part 4 of the Actshall
be as follows—(a)the collector shall be in possession
of a distinctive armlet or badgeand a written
authority in the form referred to in section 19 withsuchadditionsasmaybenecessarytocomplywiththerequirements of this paragraph;(aa)everysuchauthorityshallclearlyindicatethereonthattheassociation is a charity registered under
the Act or that the objectsof the
association are a community purpose which is sanctionedunder the Act, and specify the period it
shall remain in force;(ab)noauthorityshallhavecurrencyforaperiodinexcessof2
months;(b)ticketsorreceiptsshallbeobtainedbythecollectorfromthegoverning body of the association and
be issued by the collectorto persons giving money to the
association, whether by means ofcontributions or
by the sale of articles or otherwise;(ba)receiptsmustbeissuedonthecarboncopyornumberedbuttprinciple for all donations made;(c)the governing body of the association
shall take such precautionsas may be
necessary to ensure that all moneys collected shall beproperly and promptly accounted for by the
collector;(d)no child under the age of 15 years
shall act as a collector unlessthe written
consent of one of the child’s parents has first beenobtained and, where that consent has been
obtained, that childmust be accompanied by an
adult;(e)no collector shall, in connection with
any appeal, visit any housebefore 9.00 a.m.
or after 5.00 p.m. on any day;(f)no
collector shall importune any person to the annoyance of
that
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Regulation 1975person, or remain in, or at the door of, any
place of residence orplaceofemploymentifrequestedtoleavebyanyoccupantthereof;(g)no collector shall intimidate any
person so as to cause that personto make a
donation or buy anything which the person otherwisewould not have made or bought;(h)all collecting boxes issued to
collectors by the governing body ofan association
shall be—(i)constructedofmetal(solderedatthejoints)orwoodsecurelyscrewedornailedtogetherorothermaterialapproved by the Minister; and(ii)properly sealed
prior to issue to collectors; and(iii)clearly numbered for identification;
and(iv)clearly labelled
with the name of the association;(ha)seals on collecting boxes shall not be
broken by collectors, butonly by persons duly authorised in
that behalf by the governingbody of the
association;(hb) proper supervision must be exercised by
the governing body oftheassociationinconnectionwiththeissueandopeningofcollecting boxes and accounting for the
contents;(hc)collectingboxesleftatanyplaceofresidenceoremploymentshall be
collected or emptied at least once in each month and themoney obtained thereby accounted for;(i)every device offered for sale
shall—(i)benumberedconsecutively,eitheruponitselforuponadistinctive tab firmly affixed
thereto;(ii)have the price
plainly marked thereon or on a distinctive tabfirmly affixed
thereto;(iii)however, if it
appears to the Minister to be impracticable forthe governing
body to comply with subparagraph (ii), theMinister may
waive compliance therewith, whereupon thegoverning body
shall cause every such device to be offeredfor sale in such
a manner as, in the opinion of the Minister,
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Regulation 1975will clearly indicate to a person intending
to purchase anysuch device, the price thereof;(ia)a record is to
be kept of all such devices acquired, distributed,sold
and unsold;(ib)a statement of
receipts and expenditure is to be furnished not laterthan
1 month from the close of the appeal;(j)no
collector shall take part in a collection commonly known as
a‘hi-jack’collectionorbemaskedorusetoyfirearmswhilemaking a
collection;(k)donations invited by wishing wells and
the like shall be collectedand accounted
for at least once in each month;(l)notwithstanding anything contained in this
regulation relating tocollections, it shall not be an
offence for a collection to be made inpoorboxesatchurchdoors,norbywayofspecialoffertoriestaken for the
purposes of poor relief.˙Further conditions
for collection21.(1)Furtherconditionsunderwhichpersonsmaybepermittedtomake or cause to be made in any street,
road, or public place collections forany association
shall be as follows—(a)any permission
or authority required by theVagrants,Gamingand Other
Offences Act 1931is to be obtained;(b)a
maximum number of 2 collectors in respect of any associationshall be permitted on 1 side of the street
in each block;(c)except with the approval of the
Minister—where a collection ismadeoutsideaplaceofpublicentertainmentnomorethan1
collector from any 1 association shall be stationed outside
eachentrance to that place and in no case shall
more than 5 collectorsfrom any 1 association be stationed
outside that place;(d)no collector shall use a collecting
box at the end of a pole intendedto reach upper
windows or the roofs of conveyances.(2)An
association may cause collecting boxes to be exhibited in
placesofresidenceorofemploymentforthepurposeofmakingappealsfor
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Regulation 1975supportoftheassociationprovidedtherequirementsofsection20arecomplied with.˙Envelope collection22.(1)Whereadoor-to-doorappealisconductedbymeansofanenvelope collection the following
provisions shall apply—(a)everyenvelopeusedshallhaveagummedflapbymeansofwhich it can be securely closed;(b)no collector shall receive a
contribution except in an envelopewhich has been
so closed.(2)In this section—“envelope
collection”meansacollectionmadebypersonscallingfromdoor-to-door
distributing envelopes in which money may be placedand
which are subsequently called for.†PART
5—DISTRIBUTION OF DEVICES˙Register of
devices23.(1)Where the
Minister assigns to any charity registered as such undertheAct,ortoanyassociationwhoseobjectsareacommunitypurposewhichissanctionedundertheActforwhichanyappealorappealsforsupport may be made, the exclusive right to
distribute or dispose of a devicein connection
with all or any appeals for support made for that charity orobjectsofthatassociationasthecasemaybe,ortoalteranydeviceinrespect of which such exclusive right has
already been assigned, the nameof the said
charity or association, a description of the said device or
anyalteration thereof, the date of the said
assignment and any conditions whichmay be imposed in
respect of such assignment and such other particularsand
remarks as the Minister may in any particular case require to be
enteredtherein shall be entered in the register of
devices.(2)The register of devices to be kept in
accordance with subsection (1)shall be in the
approved form.
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Regulation 1975˙Duties of governing body24.The governing body of the said charity
or association to which theexclusive right
to distribute or dispose of any particular device has beenassigned shall—(a)beresponsibleforthepropercontrolofsuchdistributionanddisposal in connection with any appeal;
and(b)keep a record of all devices acquired,
distributed, sold and unsoldand render to
the Minister within 1 month of the conclusion of theappeal a duly certified copy of that
record.˙Unauthorised distribution of
devices25.Nopersonshalldistributeordisposeofanydevicewhichitisintended shall be
offered for sale except to the governing body of the charityor
association which has been granted the exclusive right to
distribute ordispose of the same, or except in accordance
with this regulation.Maximum penalty—2 penalty units.†PART 6—CONSTITUTIONS˙Provisions to be inserted in every
constitution26.In addition to the matters specified
in section 29(4) of the Act, thefollowing matters
shall at all times be provided in the constitution of eachcharity registered under the Act and in the
constitution of each associationwhoseobjectsareacommunitypurposewhichissanctionedundertheAct—(a)thenumberofmembersofthecharityorassociationshallbeunlimited;(b)the
classes of members of the charity or association shall be as
setout therein;(c)a
financial member of the charity or association at any
materialtimeisamemberwhoisnotthenindebtedtothecharityor
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Regulation 1975association in respect of any annual
subscription or levy or otherpayment
whatsoever;(d)at every meeting of the members of the
charity or association,whetherannual,generalorotherwisedesignated,onlythosemembers
(howsoever designated by class) who are financial atthe
time the meeting is held shall be entitled, subject to the
lawfulprocedure of the meeting, to speak or vote
upon a motion;(e)thesecretaryshallconveneameetingofthemembersofthecharity or association upon receiving
a written request which issignedbyaspecifiednumberofmembersofthecharityorassociation and which clearly sets out the
purpose for which themeeting is desired;(f)the time and place of the annual
general meeting of the charity orassociation and
the business to be transacted at that meeting shallbe
as set out therein;(g)the date of the conclusion of the
financial year of the charity orassociation
shall be as set out therein;(h)the
objects of each charity or association shall be set out
therein;(i)no person shall be allowed to become a
life member of the charityor association otherwise than as set
out therein;(j)the amount of the annual subscription
and the manner of paymentthereof shall be set out
therein;(k)nopersonshallforfeitmembershiporhavemembershipterminated
otherwise than as set out therein;(l)a
register of members shall be kept containing the particulars
setout therein;(m)themanneroffillinganyvacancywhichmayoccuronacommittee by resignation or otherwise
whatsoever;(n)the number of members required to
constitute a quorum at anymeetingofthecommitteeoranyannual,generalorspecialmeeting shall be
set out therein;(o)the manner of convening any meeting of
the committee or anyannual, general or special meeting and
the conduct thereof shall beset out
therein;
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Regulation 1975(p)powertomake,amend,repealorsetasideby-lawsnotinconsistent with the constitution for
the internal management ofthe charity or association as set out
therein;(q)power to amend the constitution as set
out therein;(r)power to appoint trustees as set out
therein;(s)power relating to dissolution as set
out therein;(t)the tabling of financial statements at
meetings.†PART 7—INVESTIGATIONS AND
RECORDS˙Attendance before inspector27.(1)An inspector
requiring any person to attend before the inspector tobe
examined pursuant to section 26(1)(c) of the Act shall cause a
notice inwriting to be served upon that person by any
of the means provided bysection 42 of the Act.(2)The notice shall set forth the time,
date and place of the examinationand the matters
relating to the appeal for support in relation to which thatperson is to be examined and the records
which the person is to produce.˙Seizure of records28.Whereanyperson,whohasthecustodyorcontrolofanyrecordrelating to any
appeal for support, fails to produce that record to an
inspectorfor inspection, examination or audit, or,
being required to attend before aninspector and
bring that record with the person, fails to do either of
thosethings the inspector may seize that record
for inspection, examination oraudit.˙Expenses for attendance29.(1)Theallowancefortravellingexpensestobepaidtoapersonrequired to attend before an inspector
pursuant to section 26(1)(c) of the Actand obliged to
travel more than 16 km shall be—
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Regulation 1975(a)the sum actually and properly paid for
fares; or(b)where there is no public transport
available—a sum calculated at arateof10cforeverykilometreproperlytravelled:however,when
more than 1 such person travels in a private conveyance,only1suchpaymentshallbemadeforthetravellingbythatvehicle;
and(c)an attendance allowance towards
meeting any loss of earnings oradditional
expenses incurred by that person during the time theperson is necessarily absent from his or her
place of employmentor abode for the purpose of attending before
an inspector but inno case shall such allowance exceed $10.50
per day or such otheramount as the Minister may determine
from time to time.(2)Travellingexpensesshallnotbepayablewherenoexpenseisincurred in travelling to attend before an
inspector.˙Retention of records of appeal30.Unless sooner directed or authorised
by or under the Act to destroy,hand over or
otherwise dispose of the records of an appeal for support
forany purpose to which part 3 of the Act
applies the period for which thepromoter of each
appeal shall keep and retain in his or her custody thoserecords pursuant to section 30 of the Act
shall be—in the case of—(a)receiptbooks,receipts,cancelledcheques,correspondenceinrelation to accounts—6 years;(b)correspondence other than in relation
to accounts—1 year.†PART 8—ACCOUNTS˙Records to be kept31.(1)Therecordsspecifiedinsubsection(2)mustbekeptbythefollowing persons or groups of
persons—(a)a charity;
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Regulation 1975(b)an association whose objects are a
community purpose;(c)apromoterofanappealforsupportforanypurposetowhichpart 3 of the
Act applies.(2)A person or group of persons mentioned
in subsection (1) must keepthe following
records in the approved form—(a)a
cash book;(b)a petty cash book;(c)register of receipt books;(d)a postage stamp record.(3)If the chief executive considers it
appropriate given the nature or sizeof the operations
of a person or group of persons with respect to an appealfor
support, the chief executive also may require the person or group
ofpersons to keep any of the following records
in the approved form—(a)a ledger;(b)if tickets are being sold—a register
of bulk tickets;(c)if collecting boxes are being used—a
register of collecting boxes;(d)if
devices are being sold—a record of devices;(e)a
register of assets.˙Accounting requirements to be complied
with32.(1)Allordersforgoodsshallbeontheusualorderformofthecharity or association and shall be
signed by an official of the charity orassociation
appointed by the governing body.(2)All
items of expenditure shall be approved by the governing body
ofthe charity or association and such approvals
shall be recorded in the minutebook.(3)All payments of $100 or over shall be
made by cheque.(4)All cheques shall be crossed ‘not
negotiable’ except those in paymentof wages,
allowances and petty cash recoupment which may be open.(5)Allpaymentsmustbesupportedbyendorsedchequesorreceiptsfrom the
payees.
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3224s 32Collections
Regulation 1975(6)Allmoneysreceivedshallbeenteredinthecashbookdailyanddeposited into a financial institution
account promptly.(6A)At least once
each month the cash book shall be balanced and areconciliation shall be made between the cash
book and account balances,and a copy of such reconciliation shall
be shown in the cash book.(7)Disbursementsoflessthan$100maybemadefromapettycashaccount, which shall be kept on the imprest
system, and full details recordedin a petty cash
book.(7A)Receipts shall
be retained in support of disbursements.(8)Ineverycasewhereacharity,anassociationorpromoterispossessed of assets other than cash in hand
or in the financial institution andtheexistenceofsuchassetsisnotrecordedinthebooksofaccountsaregister of assets shall be kept.(9)An income and expenditure account
shall be prepared from the booksof the charity,
association or promoter and a copy of such account, togetherwithabalancesheet,dulycertifiedbytheauditorsofthesaidcharity,associationorpromoter,shallbeforwardedbythesecretary,treasurer,president,trustee,orotherresponsibleofficertotheMinisterwithin1monthofthecharity,associationorpromoterceasingtofunctionorwithin 2 months of the close of the financial
year in the case of a continuingcharity,
association or promoter, or upon the demand of the Minister in
anycase or in respect of any aspect of an
appeal.In the case of a continuingcharityorassociationacopyoftheannualreportofsuchcharityorassociation shall also be
furnished.(9A)The income and
expenditure account and balance sheet shall be inthe
approved form.(10)The accounts of
a continuing charity, association or promoter shallbe
audited once in each year.(11)Subject to
section 30 all books of account and all receipts, vouchersand
other documents relating to the accounts shall be preserved and
shallnot be destroyed without permission in
writing from the Minister.(12)All tickets and
receipts used by a charity, an association or promoteror in
connection with any appeal for support of a charity or an
associationshall be those authorised by the governing
body of the charity or associationandshallbeconsecutivelynumberedandrecordedintheprescribed
s
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Regulation 1975registers.(12A)Receipts shall have printed thereon the full
name of the charity,association or promoter, and shall be
bound in book form and kept on thecarbon copy or
numbered butt principle.(13)All invoices in
respect of supplies of tickets and receipts shall haveclearlyshownthereonthecommencingandconcludingnumberofsuchticketsorreceiptsandsuchinvoices,togetherwithunusedticketsandreceipts,shallbekeptwiththerecordsofthecharity,associationorpromoter for the purposes of audit.(14)The charity or
association may invest its assets (including cash inhand
or in the financial institution) only as follows—(a)in a way mentioned in theTrusts Act 1973, section
21;(b)in the purchase of shares in, or the
deposit of money with, a creditunion.(15)However,acharityoranassociationmaycontinuetoholdanyinvestmentheldpriortothecommencementofthisregulationandmayaccept or receive as a gift any
investment whatsoever and may exercise anyoption and rights
had by it by reason of its holding those investments andnotwithstanding the provisions of subsection
(14) may invest the said assetsor any part
thereof in the way required by such exercise.†PART
8A—APPEALS FOR SUPPORT—GENERALREQUIREMENTS˙Agreements to be approved33.(1)A
charity or association shall not permit a commercial
undertakingassociation person or individual to make or
cause to be made or assist inmakinganappealforsupportonbehalfofsuchcharityorassociationwherebysuchcommercialundertakingassociationpersonorindividualdoes so on
commission or in expectation of a fee gain or reward unless—(a)awrittenagreementorcontracthasbeenenteredintobythecharityorassociationasthecasemaybeandthecommercial
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Regulation 1975undertaking association person or individual
intending to makethe appeal for support; and(b)such agreement or contract has been
approved by the Minister.(2)This section
does not apply to—(a)an employee of a charity or
association, other than an employeewhoseprincipaldutiesarethoseoffundraising,inrespectofappeals for support for such charity or
association in which theemployee participates in the course of
his or her employment; or(b)anappealforsupport,otherthanforanyofthosepurposesspecified in
section 5(1)(e) and (f) of the Act, which provides forthe
offering of a benefit to a contributor of money to such
appealfor support and the commercial undertaking
association person orindividual concerned therewith is
able—(i)to provide such benefit as an
undertaking within the ordinarycourse of
business thereof; and(ii)to demonstrate
that the making or assisting in making suchappeal for
support is an undertaking which is ancillary to theprovisionofsuchbenefitandwhichisoutsideoftheordinary course of business
thereof.˙Control of moneys34.(1)All
moneys collected as a result of an appeal for support shallforthwith as they are collected be paid
without deduction therefrom to thecredit of a
separate account in the name of the charity or association as
thecase may be in a financial
institution.(2)The moneys for commission or expenses
or other payments to anyperson in connection with such appeal
for support shall be paid out of theproceeds by
cheques drawn on the separate account and not otherwise.(3)Such cheques shall be signed by at
least 2 persons, one of whomshall be a member
of the governing body of the charity or association forwhich
the appeal for support is made.(4)This
section does not apply to an appeal for support where—(a)inrespecttheretoawrittenagreementorcontractasrequired
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3527s 35ACollections
Regulation 1975pursuanttosection33hasbeenenteredinto,unlessotherwiseprovided in such
written agreement or contract; or(b)thecommercialundertakingassociationpersonorindividualconcernedtherewithhasundertakentoberesponsiblefortheprovisionofanybenefit,includingthepaymentofexpensesassociated
therewith, being offered to a contributor of money tosuchappealforsupport,unlesspursuanttoparagraph(a)itisotherwise
provided.˙Advertising35.A
person shall not distribute any leaflet in relation to or publish
anyadvertisement in connection with an appeal
for support in respect of whichsection 33
applies unless—(a)everysuchleafletoradvertisementcontainsthenamesandaddresses of the commercial undertaking
association person orindividual concerned therewith and the
charity or association asthecasemaybeandastatementshowingparticularsofthearrangements agreed upon in the
agreement or contract relating tosuch appeal for
support in respect of the beneficial entitlements ofsuchcommercialundertakingassociationpersonorindividualand such charity
or association; and(b)a copy of the contents of every such
leaflet or advertisement hasprior to
distribution or publication been—(i)lodged with the chief executive; and(ii)approved by that
officer.˙Prohibitions35A.(1)A
commercial undertaking association person or individual
shallnot make an appeal for support in respect of
which an agreement or contracthas been approved
by the Minister as provided in this part of this regulationexceptunderandincomplianceineveryrespectwiththetermsandconditions of such agreement or
contract.(2)Whereanappealforsupportismadeonbehalfofacharityorassociation by a commercial undertaking
association person or individual
s
3628s 36Collections
Regulation 1975on the understanding that such commercial
undertaking association personor individual
would not be entitled to commission or any fee gain or
rewardthe charity or association as the case may be
shall not permit—(a)the conferring upon; or(b)the acquisition by;thecommercialundertakingassociationpersonorindividualofanymonetaryorotherbenefitbywayofremuneration,otherthantherecoupment of expenses actually incurred, for
the making of the appeal forsupport.†PART 9—MISCELLANEOUS˙Inspections and copies36.(1)Any person
desirous of inspecting any register or list kept underthe
Act or of inspecting any balance sheet filed with the chief
executive or ofobtaining a list of registered charities or
of associations refused registrationor of obtaining
an extract, copy or certified copy of any such register or
listorofanycertificatesofregistrationorsanctionorofthenamesandaddresses of the president or
chairperson, secretary, treasurer, governingbody or of the
objects of the charity or association, the name and address
ofthe financial institution handling the
business of the charity or association,and the
designation of the financial institution account or of the said
balancesheetshallmakeapplicationtothechiefexecutive,whomaygrantthedesired permission or authorise supply of the
list or the extract, copy or thecertified copy
subject to payment of fees in accordance with the following—$1.For each
inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .4.102.For each page or
sheet of a copy or certified copy preparedby photographic
or similar means . . . . . . . . . . . . . . . . . . . .2.003.For a list of
associations refused registration. . . . . . . .
. . .2.004.For a list of
charities. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .7.10.(2)Everycharity,associationandpromotershallmakethefinancialstatements in
respect of the charity, association or promoter available
for
s
3729s 40Collections
Regulation 1975inspection whether by the public or members
of the charity or association atall reasonable
times upon payment to the charity or association or promoterof
the inspection fee prescribed in subsection (1).˙Notification of change37.Where any change occurs in any
particular entered in any registerkeptundertheAct,thesecretary,treasurer,president,trustee,orotherresponsible
officer of the charity or association shall, within 1 month
ofsuch change, notify the chief executive of
such change.˙Address for service38.When
the Minister grants, subject to any condition, an application
forregistration as a charity under the Act or
sanctions any purpose to whichpart3oftheActapplies,theMinistermayimposeasaconditiontherequirement that the said charity, or the
association whose objects are acommunity purpose
which applies for that purpose to be sanctioned, shallhave
an address within the State registered with the chief executive to
whichall communications and notices may be
addressed.˙Establishment of new branch or
section39.The central body of each charity
registered under the Act and of eachassociation whose
objects are a community purpose which is sanctionedunder
the Act shall, within 1 month thereof, notify the chief executive
of theestablishment of each new branch or
section.˙Responsibilities of promoter and
charity or association in relation toquest40.Where an appeal for support is by way
of any competition which iscalled a
quest—(a)thepromotershallensurethateverycompetitorismadefullyawareoftheconditionsunderwhichthecompetitionisbeingconducted and
the prizes awarded; and
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4130s 44Collections
Regulation 1975(b)the charity or association shall
ensure that the prizes awarded arein accordance
with the conditions of the competition.˙Return
of office bearers41.Where a copy of an income and
expenditure account and balancesheetisforwardedtotheMinisterpursuanttosection32(9)itshallbeaccompanied by a return of office bearers in
the approved form.˙Prescribed person42.(1)Forthepurposesofsection43(1)(d)oftheActthecharitiesofficer,
Department of Justice shall be a prescribed person.(2)The term includes any person who for
the time being occupies theoffice or
performs the duties of the charities officer.˙False
advertising43.(1)Nopersonshallwilfullyandfalselyrepresentinanyadvertisement
that the person is conducting an appeal for support on
behalfof any charity or association unless the
person is duly authorised in writingin that behalf by
the governing body of that charity or association.(2)Nopersonshallmakeastatementorrepresentationinanadvertisement relating to an appeal for
support on behalf of any charity orassociation which
is false in a material particular.˙Offences against regulation44.A person commits an offence if the
person—(a)does not comply with a provision of
this regulation; and(b)the provision
does not impose a penalty.Maximum penalty—4 penalty
units.
32Collections Regulation 1975´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes an arabic letter, the reprint was released
inunauthorised, electronic form only.]Reprint No.Amendments
includedReprint date1to SL
No. 160 of 19951 November 1996´5Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableCorrected minor errorsObsolete and
redundant provisionsRenumbered provisionsReprint
No.111´6List of
legislationCollections Regulation 1975pubd
gaz 24 February 1975 pp 685–716commenced 1 March
1975 (see s 1)exempted from application of Regulatory
Reform Act 1986 by order pubd gaz4 June 1988 p
899as amended by—regulations
published gazette—6 May 1978 p 142commenced 22 May
197822 September 1979 p 406commenced 1
October 197924 November 1979 p 1263commenced 1
January 198020 September 1980 p 316commenced 1
October 19805 November 1983 p 928commenced 1
December 198322 September 1984 p 297commenced 1
October 1984
33Collections Regulation 197518
June 1985 p 1304commenced 1 July 198521 June 1986 p
1419commenced 1 July 198630 June 1987 p
2410commenced 1 July 198725 June 1988 p
2403commenced 1 July 19881 July 1989 p
2094commenced 1 July 198912 August 1989 pp
3114–15commenced 14 August 1989 (see s 2)Collections (Amendment) Regulations
1990pubd gaz 30 June 1990 p 1266commenced 1 July 1990 (see s 3)Collections (Amendment) Regulations (No. 2)
1990pubd gaz 29 September 1990 p 493commenced on date of publicationDepartment of Justice (Variation of Fees)
Regulations 1991 s 3 schpubd gaz 29 June 1991 pp
1041–78commenced 1 July 1991 (see s 2)DepartmentofJustice(VariationofFees)Regulation1992SLNo.198ss1–3sch
6pubd gaz 26 June 1992 pp 1497–545ss
1–2 commenced on date of publicationremaining
provisions commenced 1 July 1992 (see s 2(1))ConsumerAffairs(FeesandCharges)AmendmentRegulation(No.1)1993SL No. 242 ss 1–3
sch 5notfd gaz 25 June 1993 pp 1094–9ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 1993 (see s 2(1))Collections
Amendment Regulation (No. 1) 1993 SL No. 330notfd gaz 27
August 1993 pp 1974–7ss 1–2 commenced on date of
notificationremaining provisions commenced 1 September
1993 (see s 2)ConsumerAffairs(FeesandCharges)AmendmentRegulation(No.1)1995SL No. 160 ss 1–3
schnotfd gaz 9 June 1995 pp 1165–71ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 1995 (see s 2(1))
34Collections Regulation 1975ConsumerAffairs(FeesandCharges)AmendmentRegulation(No.1)1997SLNo.
173 ss 1–2(1), 3 schnotfd gaz 27 June 1997 pp 1004–1010ss
1–2(1) commenced on date of notificationremaining
provisions commenced 1 July 1997 (see s 2(1))´7List of annotationsArrangements 2amd
reg pubd gaz 24 November 1979 p 1263om 1993 SL No.
330 s 4Repeals 3om
1993 SL No. 330 s 4Interpretations 4def“Act”om 1993 SL No.
330 s 5def“Month”om 1993 SL No.
330 s 5def“Schedule”om 1993 SL No.
330 s 5Formss5sub 1993 SL No.
330 s 6om R1 (see RA s 39)Application for
registrations 6amd 1993 SL No. 330 s 7Notification of determination of
applications 7amd 1993 SL No. 330 s 8Register of charities—Act, s 19s
8sub 1993 SL No. 330 s 9Objections to
registration and applications for removal after registrations
9amd 1993 SL No. 330 s 10Public notice of
removal from the register of charitiess 11amd
1993 SL No. 330 s 11Certificate of registration to be
returneds 12amd 1993 SL No. 330 s 12Application for sanctions 13amd
1993 SL No. 330 s 13Notification of determination of
applications 14amd 1993 SL No. 330 s 14Register of sanctionss 15sub
1993 SL No. 330 s 15Revocation of sanctions 16amd
1993 SL No. 330 s 16
35Collections Regulation 1975Sanction to be returneds 18amd
1993 SL No. 330 s 17Appeals for supports 19amd
1993 SL No. 330 s 18Register of devicess 23amd
1993 SL No. 330 s 19Unauthorised distribution of devicess
25amd 1993 SL No. 330 s 20Records to be
kepts 31sub 1993 SL No. 330 s 21Accounting requirements to be complied
withs 32amdregpubdgaz12August1989pp3114–15;regpubdgaz29 September 1990
p 493; amd 1993 SL No. 330 s 22PART 8A—APPEALS
FOR SUPPORT—GENERAL REQUIREMENTSpt hdgins
reg pubd gaz 24 November 1979 p 1263Agreements to be
approveds 33sub reg pubd gaz 24 November 1979 p
1263Control of moneyss 34sub
reg pubd gaz 24 November 1979 p 1263amd reg pubd gaz
12 August 1989 pp 3114–15; 1993 SL No. 330 s 23Advertisings
35sub reg pubd gaz 24 November 1979 p
1263amd 1993 SL No. 330 s 24Prohibitionss 35Ains
reg pubd gaz 24 November 1979 p 1263Inspections and
copiess 36amd reg pubd gaz 6 May 1978 p 142; reg
pubd gaz 22 September 1979p406;regpubdgaz20September1980p316;regpubdgaz5 November 1983 p
928; reg pubd gaz 22 September 1984 p 297; regpubd gaz 18 June
1985 p 1304; reg pubd gaz 21 June 1986 p 1419; regpubd
gaz 30 June 1987 p 2410; reg pubd gaz 25 June 1988 p 2403;
regpubdgaz1July1989p2094;regpubdgaz12August1989pp
3114–15; reg pubd gaz 30 June 1990 p 1266; reg pubd gaz 29
June1991 pp 1041–78; 1992 SL No. 198 s 3 sch 6;
1993 SL No. 242 s 3sch5;1993SLNo.330s25;1995SLNo.160s3sch;1997SLNo. 173 s 3
schNotification of changes 37amd
1993 SL No. 330 s 26Address for services 38amd
1993 SL No. 330 s 27Establishment of new branch or sections
39amd 1993 SL No. 330 s 28
36Collections Regulation 1975Return
of office bearerss 41amd 1993 SL No. 330 s 29Offences against regulations
44sub reg pubd gaz 24 November 1979 p 1263;
1993 SL No. 330 s 30SCHEDULE—FORMSsch hdgom
1993 SL No. 330 s 31Form 1amd reg pubd gaz
12 August 1989 pp 3314–15om 1993 SL No. 330 s 31Form
2om 1993 SL No. 330 s 31From 3om
1993 SL No. 330 s 31Form 4om 1993 SL No. 330
s 31Form 5om 1993 SL No. 330
s 31From 6om 1993 SL No. 330
s 31Form 7amd reg pubd gaz
12 August 1989 pp 3314–15om 1993 SL No. 330 s 31Form
8om 1993 SL No. 330 s 31Form 9om
1993 SL No. 330 s 31Form 10om 1993 SL No. 330
s 31Form 11om 1993 SL No. 330
s 31Form 12om 1993 SL No. 330
s 31Form 13om 1993 SL No. 330
s 31Form 14om 1993 SL No. 330
s 31Form 15amd reg pubd gaz
12 August 1989 pp 3314–15om 1993 SL No. 330 s 31