{"id":"a-2003-17","name":"Charitable Collections Act 2003","slug":"charitable-collections-act-2003","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"17 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23159,"registerId":"act-a-2003-17-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Charitable Collections Act 2003","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCharitable Collections Act 2003\nA2003-17\nRepublication No 15\nEffective: 6 December 2025\nRepublication date: 6 December 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Charitable Collections Act 2003 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 December 2025.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 6 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCharitable Collections Act 2003\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\nPart 2 Objects and key concepts\n6 Objects of Act 3\n7 What is a collection 3\n8 Who conducts a collection 5\n9 Who takes part in a collection 6\n10 Meaning of proceeds of a collection 6\n11 Meaning of benefit 7\n\nContents\nPage\ncontents 2 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Meaning of commercial fundraiser 7\n12A Meaning of licence 7\n13 Meaning of licensee 8\nPart 3 Collections—offences\n14 Unlawfully conducting collections 9\n15 Unlawfully taking part in collections 9\nPart 4 Licences to conduct collections\nDivision 4.1 Issue and surrender of licences\n21 Application for licence 11\n22 Further information etc 12\n23 Decision on application for licence 12\n24 Conditions of licence 14\n25 Term of licence 14\n26 Licence not transferable 14\n27 Form of licence 14\n28 Replacement of licence 15\n29 Surrender of licence 16\nDivision 4.2 Unincorporated bodies\n30 Who is the nominated person? 17\n31 Unincorporated bodies—nominated person is licensee 17\n32 Resignation of nominated person 18\n33 Change of nominated person 18\nDivision 4.3 Amendment, suspension and cancellation of licences\n34 Amendment of licence—application by licensee 19\n35 Amendment, suspension or cancellation of licence—other grounds 20\n36 Notice and operation of decision to amend etc licence 22\n37 Directions to licensee given notice of proposed suspension or\ncancellation 22\n38 Action to be taken by former licensee when licence suspended or\ncancelled 23\n39 Failing to return amended, suspended or cancelled licence 25\nDivision 4.4 Register of licences\n40 Register of licences 25\n\nContents\nPage\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n41 Public access to register 26\n42 Licensee to notify change of name and address 26\nPart 4A ACNC registered entities\n42A ACNC registered entities authorised by deemed licence 27\n42B ACNC registered entities—certain provisions not to apply to deemed\nlicence 27\n42C ACNC registered entities—conditions of deemed licence 27\n42D ACNC registered entities—nominated person for unincorporated body 28\nPart 5 Application of proceeds of collections\n43 Definitions for pt 5 29\n44 Proceeds of collections 29\n45 Payment into bank account 30\n46 Investment of collection money 31\n47 Finalised accounts 32\n48 Reports by licensee to director-general 34\n49 Audit reports 35\n50 Keeping of records 36\n51 Director-general may order distribution of proceeds 37\n52 Director-general may appoint administrator 38\nPart 6 Administration\n53 Director-general may require information or documents about\ncollections 40\n54 Authorised people 41\n55 Identity cards 41\n56 Authorised person’s power to require name and address 42\nPart 7 Notification and review of decisions\n57 Meaning of reviewable decision—pt 7 44\n58 Reviewable decision notices 44\n59 Applications for review 44\nPart 8 Miscellaneous\n62 Public statements and warnings 45\n\nContents\nPage\ncontents 4 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n62A Minister may determine fundraising principles 45\n63 Determination of fees 46\n64 Approved forms 46\n65 Regulation-making power 46\nSchedule 1 Reviewable decisions 47\nDictionary 49\nEndnotes\n1 About the endnotes 51\n2 Abbreviation key 51\n3 Legislation history 52\n4 Amendment history 54\n5 Earlier republications 58\n\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCharitable Collections Act 2003\nAn Act to regulate collections for charities, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Charitable Collections Act 2003.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain words and\nexpressions used in this Act, and includes references (signpost\ndefinitions) to other words and expressions defined elsewhere in this Act.\nFor example, the signpost definition ‘collection—see section 7.’ means\nthat the expression ‘collection’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nObjects and key concepts Part 2\nSection 6\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Objects and key concepts\n6 Objects of Act\nThe objects of this Act are—\n(a) to promote proper management and administration of\ncollections; and\n(b) to ensure proper record-keeping and auditing of accounts for\ncollections; and\n(c) to ensure that the public has access to information about\ncollections.\n7 What is a collection\n(1) For this Act, a collection is the soliciting or receiving by a person of\nmoney or a benefit if, before or during the soliciting or receiving, the\nperson represents that the purpose of the soliciting or receiving, or\nthat the purpose of an activity or enterprise of which the soliciting or\nreceiving is part, is or includes a charitable purpose.\n(2) For subsection (1), it is immaterial whether the money or benefit is\nsolicited or received—\n(a) in person; or\n(b) by post, telephone, email, fax or other means; or\n(c) as a donation or otherwise.\nExamples for par (c)\n1 by participation in a lottery, art union or competition\n2 by placing clothing in a clothing bin operated by a charity\n3 by giving goods to an op-shop\n4 by sponsorship for a walkathon, telethon or similar event\n5 in relation to the supply of food, entertainment or other goods or services\n\nPart 2 Objects and key concepts\nSection 7\npage 4 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A collection does not include the following:\n(a) soliciting or receiving money or a benefit from the carrying out\nof an approved lottery or exempt lottery, other than an exempt\nlottery for a charitable purpose;\n(b) soliciting or receiving a bequest under a will;\n(c) soliciting a person to become a member of an entity or to pay\nthe joining or membership fee of an entity;\nNote Entity includes an individual, corporation and unincorporated\nbody, see Legislation Act, dict, pt 1, defs entity and person.\n(d) soliciting or receiving money or a benefit by, or on behalf of, an\nentity on premises owned or leased by the entity from members\nand guests solely or mainly for the entity’s purposes;\n(e) soliciting or receiving money or a benefit solely or mainly from\npeople sharing a common employer, principal or workplace by\none of those people for a purpose connected directly with\nanother of those people or with a relative or domestic partner of\nanother of those people;\nNote Domestic partner is defined in the Legislation Act, s 169.\n(f) soliciting or receiving money or a benefit from an Australian\ngovernment (including a local government) or a public entity\ncreated by, or that represents in any capacity, an Australian\ngovernment (including a local government);\n(g) receiving money or a benefit by an entity that—\n(i) is not solicited by the entity; or\n(ii) is not received by the entity because of a collection\nconducted by the entity;\n\nObjects and key concepts Part 2\nSection 8\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(h) anything else declared under the regulations not to be a\ncollection.\nExample for par (d)\na collection taken up during a church service\n(4) In this section:\napproved lottery means an approved lottery under the Lotteries\nAct 1964 or a lottery, scheme or competition approved under a\ncorresponding State law.\nexempt lottery means—\n(a) an exempt lottery under the Lotteries Act 1964; or\n(b) a lottery, scheme or competition that is exempt under a\ncorresponding State law.\n8 Who conducts a collection\n(1) For this Act, a person conducts a collection if the person organises or\nmanages, or assists in organising or managing, the collection in any\ncapacity other than as an employee or agent.\nNote A person acting in the capacity of an employee or agent takes part in a\ncollection, see s 9 (1) (b).\n(2) For subsection (1), it is immaterial whether the person—\n(a) is a volunteer or is being paid; or\n(b) is the only person taking part in the collection; or\n(c) acts in person or by an employee or agent; or\n(d) is acting on the person’s own behalf or as an executive officer\nof an entity.\nNote Entity includes an individual, corporation and unincorporated body, see\nLegislation Act, dict, pt 1, defs entity and person.\n\nPart 2 Objects and key concepts\nSection 9\npage 6 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Despite subsection (1), if a commercial fundraiser conducts all or part\nof a collection for someone else (the principal) who is conducting the\ncollection, a reference in this Act to a person who conducts the\ncollection includes a reference to the commercial fundraiser in\nrelation to any aspect of the collection conducted by the commercial\nfundraiser.\n(4) To remove any doubt, subsection (3) does not prevent the application\nof this Act to the principal in relation to any aspect of the collection\n(including any aspect conducted by the commercial fundraiser), and,\nin particular, does not relieve the principal of the principal’s\nobligation to ensure that this Act is fully complied with in relation to\nthe collection.\n9 Who takes part in a collection\n(1) For this Act, a person takes part in a collection if—\n(a) the person solicits or receives money or a benefit for the\npurposes of the collection; or\n(b) the person organises or manages, or assists in organising or\nmanaging, the collection as an employee or agent.\n(2) To remove any doubt, a person who conducts a collection also takes\npart in the collection if the person solicits or receives money or a\nbenefit for the purposes of the collection.\n10 Meaning of proceeds of a collection\nFor this Act, the proceeds of a collection means—\n(a) money or benefits received for the purposes of the collection;\nand\n(b) money or benefits obtained, directly or indirectly, because of the\ncarrying out of the collection; and\n\nObjects and key concepts Part 2\nSection 11\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) money or benefits derived, whether completely or partly or\ndirectly or indirectly, from money or benefits mentioned in\nparagraph (a) or (b).\n11 Meaning of benefit\nFor this Act, benefit includes—\n(a) property (other than money); and\n(b) any gain or reward.\nNote Property is defined in the Legislation Act, dict, pt 1.\n12 Meaning of commercial fundraiser\nFor this Act, a commercial fundraiser, for a collection, is a person\nwho is engaged on a commercial basis by a person conducting the\ncollection to conduct all or part of the collection for the other person.\n12A Meaning of licence\n(1) For this Act, licence—\n(a) means a licence authorising an entity to conduct a collection or\ncollections for the purpose or purposes stated in the licence; and\n(b) includes a deemed licence.\n(2) Subsection (1) (b) does not apply in relation to—\n(a) part 4 (other than sections 34 to 38); and\n(b) part 5.\nNote Pt 4 (other than ss 34 to 38) and pt 5 do not apply in relation to a deemed\nlicence held by an ACNC registered entity (see s 42B).\n\nPart 2 Objects and key concepts\nSection 13\npage 8 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Meaning of licensee\nFor this Act, a licensee is—\n(a) for a licence (other than a deemed licence) held by an\nunincorporated body—\n(i) the nominated person for the body; or\n(ii) if there is not a nominated person for the body—\nany executive officer of the body; and\n(b) for a deemed licence held by an unincorporated body—\nany nominated person for the unincorporated body; and\n(c) in any other case—the holder of a licence.\nNote 1 Div 4.2 provides for the licensee for a licence (other than a deemed\nlicence) issued to an unincorporated body.\nNote 2 Section 42D provides for a licensee for a deemed licence held by an\nunincorporated body.\n\nCollections—offences Part 3\nSection 14\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Collections—offences\n14 Unlawfully conducting collections\n(1) A person commits an offence if—\n(a) the person conducts a collection; and\n(b) the person is not authorised by a licence to conduct the\ncollection.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\nboth.\n(2) This section does not apply if the person is authorised to conduct the\ncollection by the licensee for the licence authorising the conduct of\nthe collection.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n(3) An offence against this section is a strict liability offence.\n15 Unlawfully taking part in collections\n(1) A person commits an offence if the person—\n(a) takes part in a collection; and\n(b) is not authorised to take part in the collection by the relevant\nlicensee; and\n(c) either—\n(i) knows that they are not authorised to take part in the\ncollection; or\n(ii) is reckless about whether they are authorised to take part in\nthe collection.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\nboth.\n\nPart 3 Collections—offences\nSection 15\npage 10 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) This section does not apply to the licensee for the licence authorising\nthe conduct of the collection.\n(3) In this section:\nrelevant licensee, for a person taking part in a collection, means the\nlicensee for the licence authorising the conduct of the collection.\n\nLicences to conduct collections Part 4\nIssue and surrender of licences Division 4.1\nSection 21\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Licences to conduct collections\nDivision 4.1 Issue and surrender of licences\n21 Application for licence\n(1) An entity may apply in writing to the director-general for a licence\nauthorising the entity to conduct a collection.\nNote Entity includes an individual, corporation and unincorporated body, see\nLegislation Act, dict, pt 1, defs entity and person.\n(2) If the entity is an unincorporated body, the application must—\n(a) be made by an executive officer of the body on behalf of the\nbody; and\n(b) include the full name, address and contact telephone number of\nan individual who is to be the nominated person for the body in\nrelation to the licence; and\n(c) include, or be accompanied by, the written consent of the\nindividual to be the nominated person for the body in relation to\nthe licence.\nNote Nominated person is defined in s 30.\n(3) An application may relate to a particular collection or collections,\nparticular kinds of collections, or collections generally.\n(4) A single application may be made by 2 or more entities for licences\nauthorising each of them to conduct a collection or collections if each\nentity is identified in the application.\n\nPart 4 Licences to conduct collections\nDivision 4.1 Issue and surrender of licences\nSection 22\npage 12 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 Further information etc\n(1) The director-general may, by written notice given to an applicant,\nrequire the applicant to give the director-general further stated\ninformation or a stated document that the director-general reasonably\nneeds to decide the application.\nNote For how documents may be given, see Legislation Act, pt 19.5.\n(2) If the applicant fails to comply with a requirement under\nsubsection (1), the director-general may refuse to consider the\napplication further.\n23 Decision on application for licence\n(1) On application for a licence, the director-general must issue, or refuse\nto issue, the licence.\n(2) The director-general must refuse to issue a licence—\n(a) if satisfied that the purposes of the proposed collection to which\nthe application relates are not for, or do not include, a charitable\npurpose; or\n(b) for an application in relation to an entity that is not the\napplicant—unless satisfied the entity has agreed to the\napplication.\nExample for par (b)\nA fast food company applies for a licence to conduct a sales promotion that\nincludes a payment to a charity for each sale of a particular kind made by the\ncompany. The director-general can issue the licence only if satisfied that the\ncharity has agreed to the application.\nNote Entity includes an individual, corporation and unincorporated\nbody, see Legislation Act, dict, pt 1, defs entity and person.\n(3) The director-general may refuse to issue a licence if satisfied that the\nproposed collection to which the application relates will not be\nconducted or carried out in a proper way (including in relation to the\nsupervision of people taking part in the collection).\n\nLicences to conduct collections Part 4\nIssue and surrender of licences Division 4.1\nSection 23\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The director-general may also refuse to issue a licence if satisfied\nthat—\n(a) for an application by an individual—\n(i) the person, or an associate of the person, has committed a\ndisqualifying act; or\n(ii) the person is bankrupt or personally insolvent; or\n(iii) any part of the person’s income is assigned for the benefit\nof the person’s creditors; or\n(b) for an application by a body—\n(i) an executive officer, or an associate of an executive officer,\nof the body has committed a disqualifying act; or\n(ii) the body is a Chapter 5 body corporate; or\n(iii) if the body is an unincorporated body—a nominated person\nfor the body has committed a disqualifying act.\n(5) This section does not limit the matters to which the director-general\nmay have regard in making a decision on an application for a licence.\n(6) In this section:\nassociate—a person is an associate of someone else in relation to an\napplication for a licence if the person can, or will be able to, have a\nsignificant influence over, or in relation to, the carrying out of a\ncollection to which the application relates.\nChapter 5 body corporate—see the Corporations Act, section 9.\ncommit a disqualifying act includes engaging in a disqualifying act.\ndisqualifying act means—\n(a) a contravention of this Act or a corresponding State law,\nwhether or not the contravention is an offence; or\n\nPart 4 Licences to conduct collections\nDivision 4.1 Issue and surrender of licences\nSection 24\npage 14 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) an offence involving fraud or dishonesty of which the person has\nbeen convicted or found guilty; or\n(c) a contravention of a condition of a licence.\nNote 1 For the meaning of found guilty, see Legislation Act, dict, pt 1.\nNote 2 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n24 Conditions of licence\nA licence is subject to—\n(a) the condition that the licensee must comply with the fundraising\nprinciples; and\n(b) any other condition stated in the licence or another document\nthat forms part of the licence.\n25 Term of licence\nA licence is issued for the period (not longer than 5 years) stated in\nthe licence.\n26 Licence not transferable\nA licence is not transferable.\n27 Form of licence\n(1) A licence must include the following information:\n(a) the licensee’s full name, address and contact telephone number;\n(b) if the licensee is a nominated person for an unincorporated\nbody—the name of the body;\n(c) the collection or collections the licensee is authorised to conduct\nunder the licence;\n\nLicences to conduct collections Part 4\nIssue and surrender of licences Division 4.1\nSection 28\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the purposes of the collection or collections authorised by the\nlicence;\n(e) the date (or dates) when, or the period (or periods) over which,\nthe collection or collections are to be carried out;\n(f) the form the collection or collections are to take;\n(g) the period for which the licence is issued;\n(h) any other information prescribed under the regulations.\nExamples for par (f)\n1 door-to-door\n2 public place\n3 clothing bin\n4 telephone\n5 letter\n(2) A licence may also include any other information the director-general\nconsiders appropriate.\n(3) To remove any doubt, a licence may authorise a particular collection\nor collections, particular kinds of collections, or collections generally.\n28 Replacement of licence\n(1) The director-general may issue a replacement licence to a licensee if\nsatisfied that the licence has been lost, stolen or destroyed.\n(2) Before acting under subsection (1), the director-general may require\nthe licensee to give the director-general a statement verifying that the\nlicence has been lost, stolen or destroyed.\nNote 1 It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document\n(see Criminal Code, pt 3.4).\nNote 2 For how documents may be given, see Legislation Act, pt 19.5.\n\nPart 4 Licences to conduct collections\nDivision 4.1 Issue and surrender of licences\nSection 29\npage 16 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n29 Surrender of licence\n(1) A licensee may apply in writing to the director-general to surrender\nthe licence.\n(2) The application must be accompanied by the licence.\n(3) However, if the licence has been lost, stolen or destroyed, the licensee\nmust give the director-general a statement verifying that the licence\nhas been lost, stolen or destroyed.\nNote 1 It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document\n(see Criminal Code, pt 3.4).\nNote 2 For how documents may be given, see Legislation Act, pt 19.5.\n(4) On receiving the application, the director-general may—\n(a) accept the surrender of the licence; or\n(b) refuse to accept the surrender of the licence if—\n(i) action is being taken under division 4.3 (Amendment,\nsuspension and cancellation of licences) to suspend or\ncancel a licence; or\n(ii) the licensee has failed to comply with part 5 (Application\nof proceeds of collections).\n(5) If the director-general accepts the surrender of the licence, the licence\nis taken to have ended.\n\nLicences to conduct collections Part 4\nUnincorporated bodies Division 4.2\nSection 30\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.2 Unincorporated bodies\n30 Who is the nominated person?\nFor this Act, the nominated person for an unincorporated body in\nrelation to a licence, or an application for a licence, is—\n(a) the individual named in the application for the licence as the\nindividual who is to be the nominated person for the body in\nrelation to the licence; or\n(b) if under section 33 (Change of nominated person) another\nindividual is the nominated person for the body in relation to the\nlicence—that individual.\n31 Unincorporated bodies—nominated person is licensee\n(1) If a licence is issued to an unincorporated body, the nominated person\nfor the body in relation to the licence is taken to be the licensee.\nExamples\n1 If a notice or other document is required (or permitted) to be given under this\nAct to the licensee of a licence issued to an unincorporated body, the notice or\nother document must (or may) be given to the nominated person for the body\nin relation to the licence to which the notice or document relates.\n2 If, under this Act, something must be done by the licensee of a licence issued\nto an unincorporated body, the nominated person for the body in relation to\nthe licence to which the thing relates is required to do the thing. If failure to\ndo the thing is an offence, the nominated person commits the offence.\n(2) However, if at any time there is not a nominated person for the\nunincorporated body in relation to the licence, the executive officers\nof the body are jointly and severally taken to be the licensee.\nExamples\n1 The notice or other document mentioned in s (1), example 1 must (or may) be\ngiven to any executive officer of the body.\n2 For a thing to which s (1), example 2 applies, each executive officer of the\nbody is required to do the thing (or ensure that it is done). If failure to do the\nthing is an offence, each executive officer commits the offence.\n\nPart 4 Licences to conduct collections\nDivision 4.2 Unincorporated bodies\nSection 32\npage 18 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n32 Resignation of nominated person\n(1) This section applies to an individual who is the nominated person for\nan unincorporated body in relation to a licence.\n(2) The individual may resign as nominated person by written notice\ngiven to—\n(a) the director-general; and\n(b) an executive officer of the body.\nNote For how documents may be given, see Legislation Act, pt 19.5.\n(3) The executive officer who is given a notice under subsection (2) must\ngive written notice of the resignation to each other executive officer\nof the unincorporated body as soon as practicable (but within 7 days)\nafter the day the officer receives the notice of resignation.\nMaximum penalty: 5 penalty units.\n(4) An offence against this section is a strict liability offence.\n33 Change of nominated person\n(1) An unincorporated body may, by written notice given to the\ndirector-general, nominate an individual (the relevant person) to be\nthe nominated person for the body in relation to a licence issued to\nthe body.\nNote For how documents may be given, see Legislation Act, pt 19.5.\n(2) The notice must—\n(a) be given by an executive officer of the body on behalf of the\nbody; and\n(b) include the relevant person’s full name, address and contact\ntelephone number; and\n(c) include, or be accompanied by, the written consent of the\nrelevant person to be the nominated person for the body in\nrelation to the licence.\n\nLicences to conduct collections Part 4\nAmendment, suspension and cancellation of licences Division 4.3\nSection 34\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) On receipt of the notice by the director-general, the relevant person\nbecomes the nominated person for the body in relation to the licence,\nand anyone who was the nominated person for the body in relation to\nthe licence immediately before receipt of the notice ceases to be the\nnominated person.\nDivision 4.3 Amendment, suspension and\ncancellation of licences\n34 Amendment of licence—application by licensee\n(1) A licensee may apply in writing to the director-general for the\namendment of the licence.\n(2) The director-general may, by written notice given to the applicant,\nrequire the applicant to give the director-general further stated\ninformation or a stated document that the director-general reasonably\nneeds to decide the application.\n(3) If the applicant fails to comply with a requirement under\nsubsection (2), the director-general may refuse to consider the\napplication further.\n(4) The director-general must amend the licence or refuse to amend the\nlicence.\n(5) In deciding whether to amend the licence, the director-general must\nhave regard to the matters mentioned in section 23 (2), (3) and (4)\n(Decision on application for licence) as if the application to amend\nthe licence were an application for the issue of a licence.\n(6) This section does not limit the matters to which the director-general\nmay have regard in deciding whether to amend the licence.\n(7) If the director-general amends a licence under this section, the\ndirector-general must give the licensee an amended licence for the\nremainder of the term of the licence amended.\nNote A licensee must return the licence for amendment if required, see s 39.\n\nPart 4 Licences to conduct collections\nDivision 4.3 Amendment, suspension and cancellation of licences\nSection 35\npage 20 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(8) An amendment has effect only if the amendment is included in the\nlicence to which the amendment relates.\n(9) To remove any doubt, the amendment of a licence under this section\nmay include the imposition of a condition on the licence and the\namendment of a condition to which the licence is subject.\n35 Amendment, suspension or cancellation of licence—\nother grounds\n(1) The director-general may amend, suspend or cancel a licence if\nsatisfied on reasonable grounds that—\n(a) a circumstance mentioned in section 23 (2), (3) or (4) (Decision\non application for licence) that would allow the director-general\nto refuse to issue a licence applies in relation to the licence; or\n(b) the licensee has contravened a condition of the licence.\nExamples for par (a)\n1 a collection authorised to be conducted under the licence is not, or is no longer,\nfor a charitable purpose\n2 the licensee has committed an offence against this Act\nNote 1 Licence includes a deemed licence (see s 12A).\nNote 2 For the power to require information or documents, see s 53.\n(2) If the director-general proposes to amend, suspend or cancel a licence\n(the proposed action), the director-general must give the licensee a\nwritten notice that—\n(a) states the proposed action, including any proposed amendment\nof the licence or suspension period; and\n(b) states the grounds for the proposed action; and\n\nLicences to conduct collections Part 4\nAmendment, suspension and cancellation of licences Division 4.3\nSection 35\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) tells the licensee that the licensee may, within 14 days beginning\nthe day after the day the licensee receives the notice, give a\nwritten response to the director-general about the matters in the\nnotice.\nNote For how documents may be given, see Legislation Act, pt 19.5.\n(3) If the licensee is a nominated person for an unincorporated body, the\ndirector-general must also give a copy of the notice to an executive\nofficer of the body.\n(4) In deciding whether to amend, suspend or cancel the licence, the\ndirector-general must consider any response given to the\ndirector-general in accordance with subsection (2) (c).\n(5) If the director-general is satisfied that grounds for taking the proposed\naction have been established, the director-general may—\n(a) if the proposed action is to cancel the licence—cancel the\nlicence, suspend the licence for a period of not longer than 1 year\nor amend the licence; or\n(b) if the proposed action includes suspending the licence for a\nstated period—suspend the licence for a period of not longer\nthan that period or amend the licence; or\n(c) if the proposed action includes amending the licence—amend\nthe licence in a way that is no more onerous than the proposed\namendment.\n(6) To remove any doubt, the amendment of a licence under this section\nmay include the imposition of a condition on the licence and the\namendment of a condition to which the licence is subject.\n\nPart 4 Licences to conduct collections\nDivision 4.3 Amendment, suspension and cancellation of licences\nSection 36\npage 22 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n36 Notice and operation of decision to amend etc licence\n(1) If the director-general suspends or cancels a licence under\nsection 35 (5), the reviewable decision notice given to the licensee\nmust include a statement about the effect of section 38 (Action to be\ntaken by former licensee when licence suspended or cancelled).\nNote The decision to suspend or cancel a licence is a reviewable decision\n(see s 57), and the director-general must give a reviewable decision\nnotice to the licensee (see s 58).\n(2) The amendment, suspension or cancellation of a licence takes effect\non—\n(a) the 14th day after the day the reviewable decision notice about\nthe amendment, suspension or cancellation is given to the\nlicensee; or\n(b) if the notice states a later date of effect—the stated date.\n(3) If the director-general amends a licence under section 35, the\ndirector-general must give the licensee an amended licence for the\nremainder of the term of the licence amended.\nNote A licensee must return the licence for amendment if required, see s 39.\n37 Directions to licensee given notice of proposed\nsuspension or cancellation\n(1) This section applies to a licensee if—\n(a) the licensee is given a notice under section 35 (2) (Amendment,\nsuspension or cancellation of licence—other grounds); and\n(b) the notice states that the director-general proposes to suspend or\ncancel the licensee’s licence.\n\nLicences to conduct collections Part 4\nAmendment, suspension and cancellation of licences Division 4.3\nSection 38\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The director-general may, in the notice or by later written notice, give\nthe licensee written directions in relation to any of the following:\n(a) the carrying out of any collection that the licensee has begun to\ncarry out, including, for example, stopping the carrying out of\nthe collection;\n(b) the carrying out of any other collection, including, for example,\nnot beginning to carry out a new collection;\n(c) the paying out or otherwise distributing or dealing with any\nproceeds of a collection.\nNote For how documents may be given, see Legislation Act, pt 19.5.\n(3) A person commits an offence if the person contravenes a direction\ngiven to the person under subsection (2).\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(4) To remove any doubt, a direction given under subsection (2) to a\nperson while the person is a licensee continues to apply to the person\neven if the person ceases to be a licensee.\n(5) This section is in addition to, and not limited by, section 38 and\nsection 51 (Director-general may order distribution of proceeds).\n(6) An offence against this section is a strict liability offence.\n38 Action to be taken by former licensee when licence\nsuspended or cancelled\n(1) If the director-general suspends or cancels a licence under section 35\n(Amendment, suspension or cancellation of licence—other grounds),\nthe person who is or was the licensee (the former licensee)—\n(a) must stop carrying out any collection that the former licensee\nwas carrying out under the licence immediately before the\nsuspension or cancellation took effect; and\n\nPart 4 Licences to conduct collections\nDivision 4.3 Amendment, suspension and cancellation of licences\nSection 38\npage 24 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the licence is suspended—must not resume carrying out any\ncollection authorised by the licence that the former licensee had\nstopped carrying out, or begin to carry out any new collection\nunder the licence, until the suspension ends; and\n(c) if the licence is cancelled—must not resume carrying out any\ncollection authorised by the licence that the former licensee had\nstopped carrying out, or begin to carry out any new collection\nunder the licence; and\n(d) must, within 3 days after the day the suspension or cancellation\ntakes effect, give the director-general a statement of the\nproceeds of each collection carried out by the former licensee\nunder the licence, whether or not the proceeds are still held by,\nor under the control of, the former licensee; and\n(e) must not pay out or otherwise distribute or deal with any\nproceeds held by, or under the control of, the former licensee of\na collection carried out by the former licensee under the licence\nexcept with the director-general’s written agreement and in\naccordance with any written directions of the director-general;\nand\n(f) must pay out or otherwise distribute or deal with any proceeds\nheld by, or under the control of, the former licensee of a\ncollection carried out by the former licensee under the licence in\naccordance with any written directions of the director-general.\n(2) The former licensee commits an offence if the former licensee\ncontravenes subsection (1).\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(3) An offence against this section is a strict liability offence.\n\nLicences to conduct collections Part 4\nRegister of licences Division 4.4\nSection 39\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n39 Failing to return amended, suspended or cancelled\nlicence\n(1) A licensee commits an offence if—\n(a) the licence is amended, suspended or cancelled; and\n(b) the director-general gives the licensee a written notice requiring\nthe licensee to return the licence to the director-general within a\nstated reasonable time; and\n(c) the person does not comply with the requirement.\nMaximum penalty: 5 penalty units.\nNote For how documents may be given, see Legislation Act, pt 19.5.\n(2) An offence against this section is a strict liability offence.\nDivision 4.4 Register of licences\n40 Register of licences\n(1) The director-general must keep a register of licences.\n(2) For each licence, the director-general must enter in the register the\ninformation mentioned in section 27 (1) (Form of licence).\n(3) The register may also include any other information the\ndirector-general considers appropriate.\n(4) The register may be kept in the form of, or as part of, 1 or more\ncomputer databases or in any other form the director-general\nconsiders appropriate.\n(5) The director-general may correct any mistake, error or omission in\nthe register, subject to the requirements (if any) of the regulations.\n\nPart 4 Licences to conduct collections\nDivision 4.4 Register of licences\nSection 41\npage 26 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n41 Public access to register\n(1) Anyone may, without charge, inspect the register during ordinary\noffice hours.\n(2) A person may obtain a copy of all or part of the register on payment\nof reasonable copying costs.\n42 Licensee to notify change of name and address\n(1) A licensee commits an offence if—\n(a) the licensee’s name, address or contact telephone number shown\non the licence changes; and\n(b) the licensee does not, as soon as practicable (but within 7 days)\nafter the change happens—\n(i) tell the director-general, in writing, of the change; and\n(ii) return the licence to the director-general for amendment.\nMaximum penalty: 5 penalty units.\n(2) The director-general must give the licensee an amended licence for\nthe remainder of the period of the licence amended.\n(3) An offence against this section is a strict liability offence.\n\nACNC registered entities Part 4A\nSection 42A\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4A ACNC registered entities\n42A ACNC registered entities authorised by deemed licence\n(1) An ACNC registered entity is taken to be authorised by a licence\n(a deemed licence) to conduct collections generally.\n(2) A deemed licence remains in force until the day—\n(a) the entity stops being an ACNC registered entity; or\n(b) a suspension or cancellation of the licence takes effect under\nsection 36.\n(3) Subsection (1) does not apply to an ACNC registered entity whose\ndeemed licence ends because of subsection (2) (b).\n(4) A regulation may prescribe an ACNC registered entity or a class of\nACNC registered entities to whom subsection (3) does not apply.\n42B ACNC registered entities—certain provisions not to apply\nto deemed licence\nThe following provisions do not apply in relation to a deemed licence:\n(a) part 4 (other than sections 34 to 38);\n(b) part 5.\n42C ACNC registered entities—conditions of deemed licence\nA deemed licence is subject to—\n(a) the condition that the licensee must comply with the fundraising\nprinciples; and\n(b) any other condition imposed on the licence under section 35.\n\nPart 4A ACNC registered entities\nSection 42D\npage 28 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n42D ACNC registered entities—nominated person for\nunincorporated body\n(1) This section applies in relation to an unincorporated body that—\n(a) is an ACNC registered entity; and\n(b) holds a deemed licence.\n(2) For this Act, a nominated person for the unincorporated body, in\nrelation to the deemed licence, is each person who is a responsible\nentity of the ACNC registered entity.\n(3) A nominated person for the unincorporated body is taken to be a\nlicensee for the deemed licence.\n(4) If this Act authorises or requires the licensee of a deemed licence to\ndo or not do something, all nominated people for the unincorporated\nbody are jointly and severally authorised or required to do or not do\nthe thing.\n(5) In this section:\nresponsible entity, of an ACNC registered entity—see the Australian\nCharities and Not-for-profits Commission Act 2012 (Cwlth),\nsection 205-30.\n\nApplication of proceeds of collections Part 5\nSection 43\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Application of proceeds of\ncollections\n43 Definitions for pt 5\nIn this part:\nends, for a licence, includes the ending of the licence by cancellation\nor surrender of the licence.\nlicensee includes a person who has ceased to be a licensee.\n44 Proceeds of collections\n(1) A licensee commits an offence if the licensee fails to ensure that the\nproceeds of a collection conducted by the licensee are applied only\nfor the purposes of the collection.\nMaximum penalty: 50 penalty units.\nNote An offence against this subsection is a strict liability offence, see s (8).\n(2) A licensee commits an offence if—\n(a) a person (including the licensee) receives proceeds of a\ncollection conducted by the licensee; and\n(b) the proceeds are applied other than for the purposes of the\ncollection; and\n(c) the licensee knows that, or is reckless about the fact that, the\nproceeds are so applied.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\nboth.\n(3) This section does not apply to the deduction of lawful and proper\nexpenses in accordance with the conditions (if any) of the licensee’s\nlicence or the regulations.\n\nPart 5 Application of proceeds of collections\nSection 45\npage 30 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The regulations may make provision in relation to the expenses that\nare, or are not, lawful and proper expenses for collections.\n(5) This section is subject to any other Territory law (including the\ndoctrine of cy pres) about the application of trust property (including\nmoney).\nNote If a donor’s charitable intention is impossible or impracticable to give\neffect to, under the cy pres doctrine the courts will allow the intention to\nbe given effect to as nearly as possible.\n(6) Any other Territory law about trust property (including the doctrine\nof cy pres) applies to any proceeds mentioned in subsection (1) that\nis not trust property as if the proceeds were trust property.\n(7) The proceeds of a collection may be applied outside the ACT, except\nto the extent that to apply the proceeds in that way would\ncontravene—\n(a) a Territory law (including this section); or\n(b) a condition of the licence authorising the conduct of the\ncollection.\n(8) An offence against subsection (1) is a strict liability offence.\n45 Payment into bank account\n(1) A licensee commits an offence if—\n(a) the licensee receives money (including any proceeds of a\nbenefit) for the purposes of a collection conducted by the\nlicensee; and\n(b) the licensee fails to pay the money, in full and without any\ndeductions for expenses, into an account in accordance with this\nsection.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\nboth.\n\nApplication of proceeds of collections Part 5\nSection 46\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The licensee must pay the money into a bank account that is used\nexclusively for money received for the purposes of the collection or\nof collections that include the collection.\n(3) The money must be paid into the account as soon as practicable\n(but within 5 banking days) after the day the licensee receives it.\n(4) However, if the money is paid by direct deposit or electronic transfer\ninto another account kept by the licensee, the licensee must pay the\nmoney into an account mentioned in subsection (2) on the next\nbanking day after the day the licensee becomes aware of the payment.\n(5) An offence against this section is a strict liability offence.\n(6) In this section:\nbank account means an account that—\n(a) is kept with an authorised deposit-taking institution; and\n(b) has a name that indicates it contains the proceeds of a collection;\nand\n(c) can only be operated with the signature of at least 2 people.\nbanking day, for an account that is kept at a branch of an authorised\ndeposit-taking institution, means a day (other than a Saturday or\nSunday) when the branch is open for business.\nNote For the meaning of authorised deposit-taking institution, see Legislation\nAct, dict, pt 1.\n46 Investment of collection money\nMoney (including any proceeds of a benefit) received by a licensee\nfor the purposes of a collection that is not immediately required to be\napplied for those purposes is held by the licensee as trustee and may\nbe invested only in a way authorised by law for the investment of trust\nfunds.\n\nPart 5 Application of proceeds of collections\nSection 47\npage 32 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n47 Finalised accounts\n(1) A licensee commits an offence if—\n(a) the licensee conducts a collection; and\n(b) the collection is carried out over a period of 1 year or less; and\n(c) the licensee fails to ensure that the required accounts are\nfinalised within 90 days after the earlier of the following events:\n(i) the day the collection ends;\n(ii) the day the licence ends.\nMaximum penalty: 50 penalty units.\n(2) A licensee commits an offence if—\n(a) the licensee conducts a collection; and\n(b) the collection is carried out over a period of longer than 1 year;\nand\n(c) the licensee fails to ensure that the required accounts are\nfinalised within 90 days after the end of each 12-month period\nfor which the collection is carried out.\nMaximum penalty: 50 penalty units.\n(3) A licensee commits an offence if—\n(a) the licensee conducts a collection; and\n(b) the collection is carried out over a period of longer than 1 year;\nand\n(c) the licensee fails to ensure that the required accounts are\nfinalised within 90 days after the earlier of the following events:\n(i) the day the collection ends;\n\nApplication of proceeds of collections Part 5\nSection 47\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the day the licence ends.\nMaximum penalty: 50 penalty units.\nExamples\n1 Charity Inc is issued with a licence for 1 year. The licence authorises\n2 collections: a doorknock appeal to be carried out over a weekend shortly\nafter the licence is issued and an ongoing collection to be carried out over the\nperiod of the licence by donation tins placed on selected shop counters.\nUnder section 47, the required accounts for the doorknock must be finalised\nwithin 90 days after the day the doorknock appeal ends and the required\naccounts for the donation tins must be finalised within 90 days after the day\nthe licence ends.\nUnder section 48, a report about both collections must be given to the\ndirector-general within 120 days after the day the licence ends.\n2 Charity Corp is issued with a licence for a period of 18 months to conduct a\ncollection over that period. However, the collection is actually carried out\nonly over the first 16 months of the period of the licence.\nUnder section 47, the required accounts for the first 12-month period the\ncollection is carried out must be finalised within 90 days after the end of the\n12-month period. The required accounts for the remaining period for which\nthe collection is carried out must be finalised within 90 days after the day the\ncollection ends (rather than within 90 days after the day the licence ends\nbecause the ending of the collection is the earlier of the 2 events mentioned in\nsection 47 (3) (c)).\nUnder section 48, a report about the collection must be given to the\ndirector-general within 120 days after the end of the first 12-month period the\ncollection is carried out. A report about the collection for the remaining period\nof the collection must be given to the director-general within 120 days after\nthe licence ends.\n3 If Charity Corp’s 18 month licence is surrendered 3 months after it is issued,\nthe required accounts under section 47 must be finalised within 90 days after\nthe day the licence ends and the report under section 48 must be given to the\ndirector-general within 120 days after the day the licence ends.\n(4) To remove any doubt, the accounts required by subsection (2) are\nannual accounts.\n(5) An offence against this section is a strict liability offence.\n\nPart 5 Application of proceeds of collections\nSection 48\npage 34 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) In this section:\nrequired accounts, for a collection, means—\n(a) any accounts required by the conditions of the licence\nauthorising the conduct of the collection; and\n(b) any accounts required under the regulations.\n48 Reports by licensee to director-general\n(1) A licensee must, in accordance with this section, give the\ndirector-general a report about all the collections conducted under the\nlicence.\nMaximum penalty: 50 penalty units.\n(2) The report must include the required information for each collection\nto which the licence relates.\n(3) The report must be given to the director-general—\n(a) if the licensee is an association incorporated under the\nAssociations Incorporation Act 1991—within 6 months after the\nend of the association’s financial year; and\n(b) in any other case—\n(i) for a licence issued for a period of 1 year or less—within\n120 days after the day the licence ends; and\n(ii) for a licence issued for a period of longer than 1 year—\n(A) within 120 days after the end of each 12-month period\nfor which the licence is in force; and\n(B) within 120 days after the day the licence ends.\nExamples\nSee section 47 (3), examples.\nNote For how documents may be given, see Legislation Act, pt 19.5.\n\nApplication of proceeds of collections Part 5\nSection 49\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) An offence against this section is a strict liability offence.\n(5) In this section:\nrequired information includes any information required under the\nregulations.\n49 Audit reports\n(1) The director-general may, by written notice given to a licensee, direct\nthe licensee to give the director-general, within a stated reasonable\ntime, an auditor’s report complying with this section about the\naccounts and records kept in relation to a collection conducted by the\nlicensee.\nNote For how documents may be given, see Legislation Act, pt 19.5.\n(2) The licensee commits an offence if—\n(a) the licensee is given a notice under subsection (1); and\n(b) the licensee intentionally fails to comply with the notice.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\nboth.\n(3) The licensee commits an offence if—\n(a) the licensee is given a notice under subsection (1); and\n(b) the licensee fails to comply with the notice.\nMaximum penalty: 50 penalty units.\nNote An offence against this subsection is a strict liability offence, see s (7).\n(4) The report must be prepared by—\n(a) a registered company auditor under the Corporations Act; or\n(b) an auditor approved in writing by the director-general for this\nsection.\n\nPart 5 Application of proceeds of collections\nSection 50\npage 36 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) The auditor’s report must contain the auditor’s opinion about—\n(a) whether money (including any proceeds of a benefit) received\nduring, or for the purposes of, the collection has been properly\naccounted for and applied in accordance with this Act; and\n(b) whether the accounts and records for the collection have been\nproperly kept; and\n(c) whether the accounts show a true and fair view of income and\nexpenditure in relation to the collection.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n(6) To remove any doubt—\n(a) a single auditor’s report under this section may be required for\n2 or more collections; and\n(b) an auditor’s report under this section may be required for part of\nthe period for which a collection is carried out.\n(7) An offence against subsection (3) is a strict liability offence.\n50 Keeping of records\n(1) A licensee commits an offence if—\n(a) the licensee carries out (or begins to carry out) a collection; and\n(b) the licensee fails to keep, in accordance with this section,\nrecords for the collection.\nMaximum penalty: 50 penalty units.\n(2) The records must—\n(a) allow a true and fair view of income and expenditure for the\ncollection to be worked out at any given time; and\n\nApplication of proceeds of collections Part 5\nSection 51\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) be kept in a way that allows them to be conveniently and\nproperly audited; and\n(c) without limiting paragraph (a), include the details prescribed\nunder the regulations; and\n(d) be kept by the licensee for 7 years (or, if the director-general, in\nwriting, allows a shorter period, that period) after receipt of the\nincome or the incurring of the expenditure to which they relate.\n(3) If the collection is, or was, carried out as part of a collection that is\ncarried out inside and outside the ACT, it is not necessary for the\nrecords to be kept in a way that allows information to be identified\nonly in relation to the ACT.\n(4) An offence against this section is a strict liability offence.\n51 Director-general may order distribution of proceeds\n(1) This section applies if—\n(a) a licence ends while a collection is being carried out under the\nlicence; or\n(b) the collection ends before the licence authorising the conduct of\nthe collection ends, but the proceeds of the collection are not\ndistributed for the purposes of the collection within 90 days after\nthe earlier of the following events:\n(i) the day the collection ends;\n(ii) the day the licence ends.\n(2) The director-general may order the licensee to distribute all or any\npart of the proceeds of the collection for the purposes of the\ncollection.\n(3) The order must—\n(a) be in writing; and\n(b) be given to the licensee; and\n\nPart 5 Application of proceeds of collections\nSection 52\npage 38 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) state a reasonable time within which the distribution is to be\nmade; and\n(d) contain a statement about the effect of this section.\nNote For how documents may be given, see Legislation Act, pt 19.5.\n(4) A licensee commits an offence if the licensee—\n(a) is given an order under this section; and\n(b) intentionally contravenes the order.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n52 Director-general may appoint administrator\n(1) This section applies if, in relation to a collection, a licensee\ncontravenes—\n(a) a direction under section 37 (2) (Directions to licensee given\nnotice of proposed suspension or cancellation); or\n(b) section 38 (1) (Action to be taken by former licensee when\nlicence suspended or cancelled); or\n(c) an order under section 51 (2) (Director-general may order\ndistribution of proceeds).\n(2) The director-general may, in writing, appoint a person as an\nadministrator for the collection.\n(3) The administrator may—\n(a) take possession of all of the proceeds of the collection; or\n(b) prepare any accounts required under this Act in relation to the\ncollection; or\n(c) apply the proceeds mentioned in paragraph (a) for the purposes\nof the collection; or\n\nApplication of proceeds of collections Part 5\nSection 52\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) do anything else necessary to finalise the collection in\naccordance with—\n(i) any conditions of the licence authorising the conduct of the\ncollection; or\n(ii) any requirements prescribed under the regulations.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n(4) The administrator’s costs under this section are to be paid out of the\nproceeds of the collection.\n(5) To remove any doubt, an administrator may be appointed under this\nsection for 2 or more collections.\n\nPart 6 Administration\nSection 53\npage 40 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Administration\n53 Director-general may require information or documents\nabout collections\n(1) The director-general may, by written notice given to a person, require\nthe person to give the director-general, within a reasonable time stated\nin the notice, stated information or documents that the\ndirector-general considers necessary to decide whether the person has\ncomplied with this Act.\nNote 1 For how documents may be given, see Legislation Act, pt 19.5.\nNote 2 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n(2) The notice may state in what form the information is to be given to\nthe director-general.\nExample\nThe notice may require that the information be verified by a statement.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document\n(see Criminal Code, pt 3.4).\n(3) The notice must—\n(a) state that the requirement is made under this section; and\n(b) contain a statement about the effect of this section.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(4) A person commits an offence if the person contravenes a notice given\nto the person under this section.\nMaximum penalty: 50 penalty units.\n\nAdministration Part 6\nSection 54\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) The director-general may take copies of any document provided\nunder this section.\n(6) An offence against this section is a strict liability offence.\n54 Authorised people\n(1) Each of the following is an authorised person for this Act:\n(a) a police officer;\n(b) an investigator under the Fair Trading (Australian Consumer\nLaw) Act 1992;\n(c) a public servant appointed under subsection (2).\n(2) The director-general may appoint a public servant as an authorised\nperson for this Act.\nNote 1 For the making of appointments (including acting appointments), see\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a law\n(see Legislation Act, s 7 (3)) and an appointment may be made by naming a\nperson or nominating the occupant of a position (see s 207).\n55 Identity cards\n(1) This section applies only to an authorised person appointed under\nsection 54 (2).\n(2) The director-general must give each authorised person an identity\ncard that states the person’s name and appointment as an authorised\nperson, and shows—\n(a) a recent photograph of the person; and\n(b) the date of issue of the card; and\n(c) the date of expiry of the card; and\n(d) anything else prescribed under the regulations.\n\nPart 6 Administration\nSection 56\npage 42 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A person commits an offence if—\n(a) the person ceases to be an authorised person; and\n(b) the person does not return the person’s identity card to the\ndirector-general as soon as practicable (but within 7 days) after\nthe day the person ceases to be an authorised person.\nMaximum penalty: 1 penalty unit.\n(4) An offence against this section is a strict liability offence.\n56 Authorised person’s power to require name and address\n(1) An authorised person may require a person to state the person’s name\nand address if the authorised person—\n(a) finds the person committing an offence against this Act; or\n(b) has reasonable grounds for believing that the person has just\ncommitted an offence against this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n(2) If an authorised person makes a requirement of a person under\nsubsection (1), the authorised person must—\n(a) tell the person the reasons for the requirement; and\n(b) as soon as practicable, record those reasons.\n(3) A person commits an offence if the person—\n(a) contravenes a requirement under subsection (1); or\n(b) states a false name or address in purported compliance with a\nrequirement under that subsection.\nMaximum penalty: 5 penalty units.\n\nAdministration Part 6\nSection 56\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) However, a person is not required to comply with a requirement under\nsubsection (1) if, when asked by the person, the authorised person\ndoes not produce the authorised person’s identity card for inspection\nby the person.\n(5) Subsection (4) does not apply in relation to an authorised person who\nis a police officer in uniform.\n(6) An offence against this section is a strict liability offence.\n(7) In this section:\nidentity card means—\n(a) for an authorised person mentioned in section 54 (1) (b)—\nan identity card issued under the Fair Trading (Australian\nConsumer Law) Act 1992, section 37; or\n(b) for an authorised person appointed under section 54 (2)—a card\nissued under section 55.\n\nPart 7 Notification and review of decisions\nSection 57\npage 44 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Notification and review of\ndecisions\n57 Meaning of reviewable decision—pt 7\nIn this part:\nreviewable decision means a decision mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n58 Reviewable decision notices\nIf the director-general makes a reviewable decision, the\ndirector-general must give a reviewable decision notice to each entity\nmentioned in schedule 1, column 4 in relation to the decision.\nNote The director-general must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n59 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 8\nSection 62\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 8 Miscellaneous\n62 Public statements and warnings\n(1) The Minister may make a public statement or issue a public warning\nabout any of the matters mentioned in subsection (2) if satisfied that\nit is in the public interest to do so.\n(2) For subsection (1), the matters are as follows:\n(a) collection practices or activities generally or the collection\npractices or activities of an entity (including commercial\nfundraisers);\n(b) income and expenditure details of a particular collection;\n(c) the percentage of the proceeds raised in a particular collection\nthat have been distributed for the purposes of the collection;\n(d) any other issue in relation to collections that, in the Minister’s\nopinion, adversely affects, or is likely to adversely affect, the\ninterests of the public.\nNote Entity includes an individual, corporation and unincorporated body, see\nLegislation Act, dict, pt 1, defs entity and person.\n(3) The statement or warning may identify a particular entity.\n(4) A civil proceeding does not lie against the Territory in relation to loss,\ndamage or injury of any kind to anyone because of the honest making\nof a statement or warning under this section.\nNote The Civil Law (Wrongs) Act 2002, s 59 provides a defence of truth and\npublic benefit to civil defamation actions.\n62A Minister may determine fundraising principles\n(1) The Minister may determine principles in relation to conducting, or\ntaking part in, a collection (the fundraising principles).\n(2) A determination is a disallowable instrument.\n\nPart 8 Miscellaneous\nSection 63\npage 46 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n63 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n64 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n65 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) The regulations may prescribe offences for contraventions of the\nregulations and prescribe maximum penalties of not more than\n10 penalty units for offences against the regulations.\n\nReviewable decisions Schedule 1\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions\n(see pt 7)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 23 (1) refuse to issue\nlicence\napplicant for licence\n2 23 (1) and 24 issue licence subject\nto condition\napplicant for licence\n3 23 (1) and 25 issue licence for\nless than period\napplied for\napplicant for licence\n4 23 (1) and 27 (1) issue licence for\ncollections other\nthan collections\napplied for\napplicant for licence\n5 34 (4) refuse to amend\nlicence in way\napplied for\nlicensee\n6 35 (5) amend, suspend or\ncancel licence\n• person whose\nlicence amended,\nsuspended or\ncancelled\n• if person whose\nlicence amended,\nsuspended or\ncancelled is\nnominated person\nfor unincorporated\nbody—body’s\nexecutive officer\n\nSchedule 1 Reviewable decisions\npage 48 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n7 37 (2) give direction licensee or, if person\nceases to hold licence,\nthe person\n8 49 (4) (b) refuse to approve\nauditor\napplicant for approval\n\nDictionary\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions\nrelevant to this Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following\nterms:\n• ACAT\n• bankrupt or personally insolvent\n• body\n• contravene\n• Corporations Act\n• director-general (see s 163)\n• entity\n• individual\n• law\n• person (see s 160)\n• reviewable decision notice\n• State.\nACNC registered entity means a registered entity under the\nAustralian Charities and Not-for-profits Commission\nAct 2012 (Cwlth).\nauthorised person—see section 54.\nbenefit—see section 11.\ncharitable purpose includes any benevolent, philanthropic or\npatriotic purpose.\ncollection—see section 7.\ncommercial fundraiser—see section 12.\nconducts a collection—see section 8.\n\nDictionary\npage 50 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndeemed licence, in relation to an ACNC registered entity—see\nsection 42A (1).\nends, for a licence, for part 5 (Application of proceeds of\ncollections)—see section 43.\nexecutive officer means—\n(a) for a corporation—a person (however described and\nwhether or not the person is a director of the corporation)\nwho is concerned with, or takes part in, the corporation’s\nmanagement; and\n(b) for an unincorporated body—a person (however described\nand whether or not the person is a member of the governing\nbody (if any) of the unincorporated body) who is concerned\nwith, or takes part in, the unincorporated body’s\nmanagement.\nfundraising principles—see section 62A (1).\nlicence—see section 12A.\nlicensee—\n(a) see section 13; and\n(b) for part 5 (Application of proceeds of collections)—see\nsection 43.\nnominated person, for an unincorporated body—\n(a) in relation to a licence other than a deemed licence—see\nsection 30; and\n(b) in relation to a deemed licence—see section 42D (2).\nproceeds, of a collection—see section 10.\nreviewable decision, for part 7 (Review of decisions)—see\nsection 57.\ntakes part in a collection—see section 9.\n\nEndnotes\nAbout the endnotes 1\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 52 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nCharitable Collections Act 2003 A2003-17\nnotified LR 9 April 2003\ns 1, s 2 commenced 9 April 2003 (LA s 75 (1))\nremainder commenced 9 October 2003 (s 2 and LA s 79)\nas amended by\nStatute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.4\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nsch 3 pt 3.4 commenced 19 December 2003 (s 2)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.15\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.15 commenced 9 April 2004 (s 2 (1))\nCharitable Collections Amendment Act 2004 A2004-45\nnotified LR 11 August 2004\ns 1, s 2 commenced 11 August 2004 (LA s 75 (1))\nremainder commenced 12 August 2004 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.18\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.18 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nJustice and Community Safety Legislation Amendment Act 2009\n(No 2) A2009-19 pt 3\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\npt 3 commenced 29 September 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.7\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.7 commenced 17 December 2009 (s 2)\n\nEndnotes\nLegislation history 3\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment Act 2011\nA2011-16 sch 1 pt 1.3\nnotified LR 17 May 2011\ns 1, s 2 commenced 17 May 2011 (LA s 75 (a))\nsch 1 pt 1.3 commenced 17 November 2011 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.23\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.23 commenced 1 July 2011 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.10, sch 4 pt 4.3\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.10, sch 4 pt 4.3 commenced 27 April 2016 (s 2)\nRed Tape Reduction Legislation Amendment Act 2017 A2017-17 pt 4\nnotified LR 14 June 2017\ns 1, s 2 commenced 14 June 2017 (LA s 75 (1))\npt 4 commenced 1 July 2017 (s 2 (1))\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.5\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.5 commenced 22 November 2018 (s 2 (1))\nHousing and Consumer Affairs Legislation Amendment Act 2024\nA2024-29 pt 3, sch 1 pt 1.2\nnotified LR 9 July 2024\ns 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2))\npt 3, sch 1 pt 1.2 commenced 16 July 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.25\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.25 commenced 6 December 2025 (s 2 (5))\n\nEndnotes\n4 Amendment history\npage 54 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nWhat is a collection\ns 7 am A2009-19 s 6; pars renum R7 LA\nMeaning of licence\ns 12A ins A2024-29 s 16\nMeaning of licensee\ns 13 sub A2024-29 s 17\nUnlawfully conducting collections\ns 14 am A2017-17 s 18; A2024-29 s 18\nUnlawfully taking part in collections\ns 15 am A2017-17 s 19; A2024-29 s 19\nIdentifying tags to be displayed when collecting personally\ns 16 om A2024-29 s 20\nRequired information to be given for collections\ns 17 om A2024-29 s 20\nFalse or misleading information about collections etc\ns 18 am A2004-15 amdts 2.36-2.38\nom A2024-29 s 20\nFalse or misleading documents about collections etc\ns 19 am A2004-15 amdts 2.38-2.40\nom A2024-29 s 20\nAlternative verdicts for offences against s 18 and s 19\ns 20 am A2003-56 amdt 3.18\nom A2024-29 s 20\nApplication for licence\ns 21 am A2011-22 amdt 1.78; A2025-29 amdt 4.25\nFurther information etc\ns 22 am A2011-22 amdt 1.78\nDecision on application for licence\ns 23 am A2009-49 amdt 3.15; A2011-22 amdt 1.78; A2018-42\namdts 3.22-3.24; A2024-29 s 21\nConditions of licence\ns 24 sub A2024-29 s 22\nForm of licence\ns 27 am A2011-22 amdt 1.78\n\nEndnotes\nAmendment history 4\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nReplacement of licence\ns 28 am A2011-22 amdt 1.78; A2016-18 amdt 3.36, amdt 3.37;\nA2025-29 amdt 4.25\nSurrender of licence\ns 29 am A2011-22 amdt 1.78; A2016-18 amdt 3.38, amdt 3.39\nResignation of nominated person\ns 32 am A2011-22 amdt 1.78\nChange of nominated person\ns 33 am A2011-22 amdt 1.78\nAmendment of licence—application by licensee\ns 34 am A2011-22 amdt 1.78; A2025-29 amdt 4.25\nAmendment, suspension or cancellation of licence—other grounds\ns 35 am A2011-22 amdt 1.78; A2024-29 s 23, s 24\nNotice and operation of decision to amend etc licence\ns 36 am A2008-37 amdt 1.65; A2011-22 amdt 1.78\nDirections to licensee given notice of proposed suspension or cancellation\ns 37 am A2011-22 amdt 1.78\nAction to be taken by former licensee when licence suspended or cancelled\ns 38 am A2011-22 amdt 1.76, amdt 1.78; A2025-29 amdt 4.25\nFailing to return amended, suspended or cancelled licence\ns 39 am A2011-22 amdt 1.78\nRegister of licences\ns 40 am A2011-22 amdt 1.78\nLicensee to notify change of name and address\ns 42 am A2011-22 amdt 1.78\nACNC registered entities\npt 4A hdg ins A2024-29 s 25\nACNC registered entities authorised by deemed licence\ns 42A ins A2024-29 s 25\nACNC registered entities—certain provisions not to apply to deemed licence\ns 42B ins A2024-29 s 25\nACNC registered entities—conditions of deemed licence\ns 42C ins A2024-29 s 25\nACNC registered entities—nominated person for unincorporated body\ns 42D ins A2024-29 s 25\nPayment into bank account\ns 45 hdg sub A2004-45 s 4\ns 45 am A2004-45 ss 5–7\n\nEndnotes\n4 Amendment history\npage 56 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFinalised accounts\ns 47 am A2011-22 amdt 1.78\nReports by licensee to director-general\ns 48 hdg am A2011-22 amdt 1.78\ns 48 am A2011-22 amdt 1.78; A2016-18 amdt 4.4; A2025-29\namdt 4.25\nAudit reports\ns 49 am A2011-22 amdt 1.78\nKeeping of records\ns 50 am A2011-22 amdt 1.78\nDirector-general may order distribution of proceeds\ns 51 hdg am A2011-22 amdt 1.78\ns 51 am A2011-22 amdt 1.78\nDirector-general may appoint administrator\ns 52 hdg am A2011-22 amdt 1.78\ns 52 am A2011-22 amdt 1.78\nDirector-general may require information or documents about collections\ns 53 hdg am A2011-22 amdt 1.78\ns 53 am A2011-22 amdt 1.78; A2016-18 amdt 3.40, amdt 3.41\nAuthorised people\ns 54 am A2011-22 amdt 1.78; A2011-16 amdt 1.3; pars renum R10\nLA\nIdentity cards\ns 55 am A2011-22 amdt 1.78\nAuthorised person’s power to require name and address\ns 56 am A2011-16 amdt 1.4; A2024-29 amdt 1.4\nNotification and review of decisions\npt 7 hdg sub A2008-37 amdt 1.66\nMeaning of reviewable decision—pt 7\ns 57 sub A2008-37 amdt 1.66\nReviewable decision notices\ns 58 sub A2008-37 amdt 1.66\nam A2011-22 amdt 1.78; A2025-29 amdt 4.25\nApplications for review\ns 59 sub A2008-37 amdt 1.66\nam A2025-29 amdt 4.25\nFalse or misleading statements in applications, returns etc to chief executive\ns 60 om A2004-15 amdt 2.41\n\nEndnotes\nAmendment history 4\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAlternative verdict for offence against s 60\ns 61 om A2004-15 amdt 2.41\nMinister may determine fundraising principles\ns 62A ins A2024-29 s 26\nDetermination of fees\ns 63 am A2018-42 amdt 3.25; A2025-29 amdt 4.25\nApproved forms\ns 64 am A2018-42 amdt 3.25; A2025-29 amdt 4.25\nRegulation-making power\ns 65 am A2025-29 amdt 4.25\nTransitional and other provisions\npt 9 hdg exp 9 October 2004 (s 69)\nRepeal of Collections Act 1959\ns 66 om LA s 89 (3)\nExisting licences\ns 67 exp 9 October 2004 (s 69)\nRegulations modifying pt 9\ns 68 exp 9 October 2004 (s 69)\nExpiry of pt 9\ns 69 exp 9 October 2004 (s 69)\nHawkers Act 2003, section 4 (f)\ns 70 om LA s 89 (3)\nReviewable decisions\nsch 1 sub A2008-37 amdt 1.67\nDictionary\ndict am A2008-37 amdt 1.68; A2009-49 amdt 3.16; A2011-22\namdt 1.77\ndef ACNC registered entity ins A2017-17 s 20\ndef deemed licence ins A2024-29 s 27\ndef fundraising principles ins A2024-29 s 27\ndef licence sub A2024-29 s 28\ndef nominated person sub A2024-29 s 28\n\nEndnotes\n5 Earlier republications\npage 58 Charitable Collections Act 2003\nEffective: 06/12/25\nR15\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n9 Oct 2003\n9 Oct 2003–\n18 Dec 2003\nnot amended new Act\nR2\n19 Dec 2003\n19 Dec 2003–\n8 Apr 2004\nA2003-56 amendments by\nA2003-56\nR3\n9 Apr 2004\n9 Apr 2004–\n11 Aug 2004\nA2004-15 amendments by\nA2004-15\nR4\n12 Aug 2004\n12 Aug 2004–\n9 Oct 2004\nA2004-45 amendments by\nA2004-45\nR5\n10 Oct 2004\n10 Oct 2004–\n1 Feb 2009\nA2004-45 commenced expiry\nR6\n2 Feb 2009\n2 Feb 2009–\n28 Sept 2009\nA2008-37 amendments by\nA2008-37\nR7\n29 Sept 2009\n29 Sept 2009–\n16 Dec 2009\nA2009-19 amendments by\nA2009-19\nR8\n17 Dec 2009\n17 Dec 2009–\n30 June 2011\nA2009-49 amendments by\nA2009-49\nR9\n1 July 2011\n1 July 2011–\n16 Nov 2011\nA2011-22 amendments by\nA2011-22\nR10\n17 Nov 2011\n17 Nov 2011–\n26 Apr 2016\nA2011-22 amendments by\nA2011-16\nR11\n27 Apr 2016\n27 Apr 2016–\n30 June 2017\nA2016-18 amendments by\nA2016-18\nR12\n1 July 2017\n1 July 2017–\n21 Nov 2018\nA2017-17 amendments by\nA2017-17\n\nEndnotes\nEarlier republications 5\nR15\n06/12/25\nCharitable Collections Act 2003\nEffective: 06/12/25\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR13\n22 Nov 2018\n22 Nov 2018–\n15 July 2024\nA2018-42 amendments by\nA2018-42\nR14\n16 July 2024\n16 July 2024–\n5 Dec 2025\nA2024-29 amendments by\nA2024-29\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2003 scope. The most substantial expansion occurred in 2024 with the insertion of Part 4A (ss 42A-42D), which created an entirely new 'deemed licence' framework for ACNC registered entities. This fundamentally changed the Act from a pure licensing regime to a hybrid system accommodating national charity registration. Additionally, the 2024 amendments introduced 'fundraising principles' (s 62A), allowing ministerial determinations that create binding obligations without requiring legislative amendment. Earlier expansions included the 2008 addition of ACAT review mechanisms (Part 7) and the 2017 insertion of ACNC entity definitions. The original Act focused on traditional door-to-door and street collections; it now regulates online fundraising, commercial fundraising arrangements, and complex financial management for multi-year campaigns, while integrating with federal charity law."},"complexity_factors":["Dual licensing regimes: The Act operates two parallel systems—traditional licences (Part 4) and 'deemed licences' for ACNC registered entities (Part 4A), with different rules applying to each (e.g., Part 5 financial management rules don't apply to deemed licences per s 42B).","Nested definitions and signposting: Key terms like 'collection', 'conducts', 'benefit', and 'licensee' are defined across multiple sections (ss 7-13, 30, 42D) with cross-references to the Dictionary and external legislation (Legislation Act, Corporations Act, ACNC Act).","Complex liability structures for unincorporated bodies: Special rules determine who is legally responsible when a body isn't incorporated—the 'nominated person' system (ss 30-33, 42D) creates layered obligations where executive officers become jointly liable if no nominated person exists.","Multiple overlapping offence tiers: The Act uses strict liability offences (no need to prove intent), fault-based offences (requiring knowledge or recklessness), and different penalty levels (up to 200 penalty units/2 years imprisonment) depending on the conduct.","Conditional timing requirements: Part 5 imposes intricate deadlines for finalising accounts (90 days after collection ends or licence ends, whichever is earlier) and reporting (120 days), with different rules for collections under/over 1 year and for incorporated associations.","External legislative dependencies: The Act relies heavily on definitions and concepts from other laws—Criminal Code (general principles), Legislation Act (definitions, instruments), ACNC Act (registered entities), Corporations Act (auditors, insolvency), and Fair Trading Act (investigators).","Exception-heavy structure: Section 7(3) contains 8 specific exclusions from the definition of 'collection', plus a regulation-making power for further exclusions, creating a 'definition by exception' approach."],"plain_english_summary":"The Charitable Collections Act 2003 controls who can raise money in the ACT by generally requiring a licence to conduct broad “collections” (door-knocking, events, bins, sales, etc.). It treats unincorporated groups differently by naming an accountable licensee and gives ACNC-registered charities an automatic “deemed licence,” subject to fundraising principles.\n\nLicensees must segregate funds, keep records, report to the Director‑General, and face strong enforcement (fines, jail, licence suspension) to protect donors and ensure funds reach their stated charitable purpose."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Amendments introduced a 'deemed licence' for ACNC registered entities and exempted many Part 4 provisions and Part 5 from applying to those deemed licences (ss 42A–42C), plus added ministerial fundraising principles (s 62A) and updated definitions (ss 12A,13). These changes change who must apply for licences, shift some compliance burdens off ACNC entities, and alter administrative discretion and reporting scope."},"complexity_factors":["Comprehensive licensing regime with detailed application, form, term and non‑transferability rules (ss 21–29)","Administrative powers allowing amendment, suspension, cancellation and directions with procedural notice and review rights (ss 34–38; pt 7; sch 1)","Criminal and civil enforcement mix including strict liability offences and significant penalties (ss 14–15, 44–47, 49–56)","Detailed financial controls: mandatory bank accounts, prompt deposit deadlines, trustee investment rule, audit reports and record retention (ss 45–50)","Director‑general’s powers to order distributions and appoint administrators, with costs payable from proceeds (ss 51–52)","Carve‑outs and special regime for ACNC registered entities (deemed licences) that change which parts apply (ss 42A–42D)","Cross‑references and dependencies on other laws and regulators (Criminal Code, Corporations Act, ACNC Act, Lotteries Act) increasing legal interaction complexity","Delegated and ministerial instruments (fundraising principles, fees, forms, regulations) that can alter compliance requirements (ss 62A, 63–65)"],"plain_english_summary":"Mechanically, the Act requires people or organisations to hold a licence to solicit or receive money or other benefits for charitable purposes, sets out application, form, conditions, reporting and audit rules, and creates offences and penalties for unauthorised collections. It also gives the director‑general powers to require records, order distribution of proceeds, appoint an administrator and to amend, suspend or cancel licences.\n\nIt affects charities, commercial fundraisers, volunteers and nominated persons for unincorporated bodies (and ACNC‑registered entities via a deemed licence). Licensees must bank donations promptly, keep audited records and make reports; the director‑general and Minister exercise administrative discretion and may issue public warnings."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/charitable-collections-act-2003","history":"/api/acts/charitable-collections-act-2003/history","analysis":"/api/acts/charitable-collections-act-2003/analysis","conflicts":"/api/acts/charitable-collections-act-2003/conflicts","importantCases":"/api/acts/charitable-collections-act-2003/important-cases","documents":"/api/acts/charitable-collections-act-2003/documents"}}