{"id":"BILL-WA-C0FC3C6ECDDEF3DA48258C910036A380","name":"Charitable Collections Amendment Bill 2025","slug":"charitable-collections-amendment-bill-2025","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-05-21","administeringDepartment":null,"currentVersion":{"id":446160,"registerId":"BILL-WA-C0FC3C6ECDDEF3DA48258C910036A380:current","compilationNumber":null,"startDate":"2025-05-21","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:33.889Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Charitable Collections Amendment Bill 2025\n\n16—1 page i\nWestern Australia\nCharitable Collections Amendment Bill 2025\nContents\n1. Short title 2\n2. Commencement 2\n3. Act amended 2\n4. Section 5 amended 2\n5. Section 6 amended 3\n6. Section 7 deleted 4\n7. Section 10 amended 4\n8. Section 11 amended 4\n9. Section 12 amended 5\n10. Sections 12A and 12B inserted 7\n12A. Revocation of licence 7\n12B. Code of conduct 7\n11. Section 13 amended 8\n12. Section 15 amended 8\n13. Section 16 amended 8\n14. Section 17 amended 8\n15. Sections 17B to 17D inserted 8\n17B. Agreement with Commonwealth\nCommissioner 8\n17C. Disclosure of information 9\n17D. Application of Fair Trading Act 2010\ns. 112 and 113 9\n16. Section 19 amended 9\n17. Section 20 amended 10\n18. Section 21 amended 10\n19. Section 23 inserted 10\n23. Transitional provision for Charitable\nCollections Amendment Act 2025 10\n20. Various references to “under this Act” deleted 11\n\npage 1\nWestern Australia\nLEGISLATIVE COUNCIL\nCharitable Collections Amendment Bill 2025\nA Bill for\nAn Act to amend the Charitable Collections Act 1946.\nThe Parliament of Western Australia enacts as follows:\n\nCharitable Collections Amendment Bill 2025\ns. 1\npage 2\n1. Short title1\nThis is the Charitable Collections Amendment Act 2025.2\n2. Commencement3\nThis Act comes into operation as follows —4\n(a) sections 1 and 2 — on the day on which this Act5\nreceives the Royal Assent;6\n(b) the rest of the Act — on a day fixed by proclamation.7\n3. Act amended8\nThis Act amends the Charitable Collections Act 1946.9\n4. Section 5 amended10\n(1) In section 5 delete the definitions of:11\nMinister12\npresent war13\nwar fund14\n(2) In section 5 insert in alphabetical order:15\n16\nCommonwealth Act means the Australian Charities17\nand Not-for-profits Commission Act 201218\n(Commonwealth);19\nCommonwealth Commissioner means the20\nCommissioner of the Australian Charities and21\nNot-for-profits Commission established under the22\nCommonwealth Act section 110-5;23\nCommonwealth registered entity means an entity24\nregistered under the Commonwealth Act Part 2-1;25\n\nCharitable Collections Amendment Bill 2025\ns. 5\npage 3\nlicence means a licence —1\n(a) granted under section 11(3); or2\n(b) that is taken to be held by a Commonwealth3\nregistered entity under section 6(6);4\n5\n(3) In section 5 in the definition of maladministration delete6\n“collected or held by a war fund or”.7\n5. Section 6 amended8\n(1) In section 6(1) delete “he” and insert:9\n10\nthe person11\n12\n(2) In section 6(3) delete “he” and insert:13\n14\nthe accused15\n16\n(3) After section 6(5) insert:17\n18\n(6) Subject to subsections (7) and (8), a Commonwealth19\nregistered entity is taken to hold a licence for the20\npurposes of this Act —21\n(a) while the entity remains registered under the22\nCommonwealth Act; and23\n(b) if the entity has given notice of its intention to24\ndo any of the things in subsection (1)(a) to (d)25\nto the Commissioner.26\n(7) A Commonwealth registered entity is not taken to hold27\na licence under subsection (6) if the licence has been28\nrevoked under section 12A(2).29\n\nCharitable Collections Amendment Bill 2025\ns. 6\npage 4\n(8) Also, a Commonwealth registered entity is not taken to1\nhold a licence under subsection (6) if the entity has2\nbeen granted a licence under section 11(3) and that3\nlicence has not been revoked under section 12A(2).4\n(9) A notice given under subsection (6) must be in a form5\napproved by the Commissioner.6\n7\n6. Section 7 deleted8\nDelete section 7.9\n7. Section 10 amended10\n(1) In section 10(2) delete “Governor upon the recommendation of11\nthe Minister.” and insert:12\n13\nMinister in accordance with the regulations.14\n15\n(2) In section 10(3) delete “chairman thereof.” and insert:16\n17\nchairperson of the committee.18\n19\n8. Section 11 amended20\n(1) In section 11(1) delete “must” (2nd occurrence) and insert:21\n22\nmay23\n24\n(2) Delete section 11(2) and insert:25\n26\n(1A) An application for a licence may be made by a person27\nwho is authorised to do so by the applicant.28\n\nCharitable Collections Amendment Bill 2025\ns. 9\npage 5\n(2) In considering any application for a licence the1\nadvisory committee may take into account any matters2\nthe committee considers fit.3\n4\n(3) In section 11(3) delete “on any” and insert:5\n6\n(if any) on an7\n8\n9. Section 12 amended9\n(1) In section 12(1) delete “under this Act” and insert:10\n11\ngranted under section 11(3)12\n13\n(2) After section 12(1) insert:14\n15\n(1A) A licence that a Commonwealth registered entity is16\ntaken to hold under section 6(6) authorises collections17\nto be made, money to be obtained, or entertainments to18\nbe conducted —19\n(a) for such period or for such occasions as the20\nCommissioner may notify from time to time; or21\n(b) if no period or occasion is notified, while the22\nlicence remains unrevoked.23\n24\n(3) In section 12(2) delete “issued” and insert:25\n26\ngranted under section 11(3)27\n28\n\nCharitable Collections Amendment Bill 2025\ns. 9\npage 6\n(4) Delete section 12(3) and insert:1\n2\n(3) The Commissioner may, at any time —3\n(a) impose a condition on a licence; or4\n(b) vary a condition on a licence; or5\n(c) revoke a condition on a licence.6\n(3A) The Commissioner must give written notice of the7\nimposition, variation or revocation of a condition on a8\nlicence under subsection (3) to the holder of the9\nlicence.10\n(3B) The imposition, variation or revocation of a condition11\non a licence under subsection (3) takes effect on notice12\nbeing given under subsection (3A).13\n14\n(5) In section 12(4):15\n(a) in paragraph (a) delete “the provisions of the next16\nsucceeding paragraph,” and insert:17\n18\nparagraph (b),19\n20\n(b) in paragraph (b) delete “by virtue of the provisions of21\nthe last preceding subsection” and insert:22\n23\nunder paragraph (a)24\n25\n(6) In section 12(5) delete “pursuant to the provisions of26\nparagraph (b) of the last preceding subsection,” and insert:27\n28\nunder subsection (4)(b),29\n30\n\nCharitable Collections Amendment Bill 2025\ns. 10\npage 7\n10. Sections 12A and 12B inserted1\nAfter section 12 insert:2\n3\n12A. Revocation of licence4\n(1) If the Commissioner proposes to revoke a licence5\n(proposed revocation), the Commissioner may refer6\nthe proposed revocation for recommendation by the7\nadvisory committee under section 13.8\n(2) After considering the recommendation of the advisory9\ncommittee (if any) on a proposed revocation, the10\nCommissioner may at any time revoke a licence.11\n(3) The Commissioner must give written notice of the12\nrevocation of a licence under subsection (2) to the13\nholder of the licence.14\n(4) The revocation of a licence under subsection (2) takes15\neffect on notice being given under subsection (3).16\n12B. Code of conduct17\n(1) The regulations may prescribe —18\n(a) a code of conduct for the purpose of regulating19\nthe holders of licences and persons authorised20\nby them; and21\n(b) transitional provisions for the coming into22\neffect of the code of conduct.23\n(2) A provision of a code of conduct prescribed under24\nsubsection (1) —25\n(a) is taken to be a condition of a licence; but26\n(b) cannot be varied under section 12(3)(b) or27\nrevoked under section 12(3)(c).28\n29\n\nCharitable Collections Amendment Bill 2025\ns. 11\npage 8\n11. Section 13 amended1\nIn section 13(1):2\n(a) delete “so to do”;3\n(b) delete “issued under this Act to” and insert:4\n5\nheld by6\n7\n12. Section 15 amended8\nIn section 15(3B) delete “section 12(2),” and insert:9\n10\nsection 12(2) or (3)(a) or (b),11\n12\n13. Section 16 amended13\n(1) In section 16(1) delete “by a war fund”.14\n(2) Delete section 16(1A).15\n14. Section 17 amended16\nIn section 17(1) delete “by a war fund”.17\n15. Sections 17B to 17D inserted18\nAfter section 17A insert:19\n20\n17B. Agreement with Commonwealth Commissioner21\nThe Commissioner may enter into an agreement with22\nthe Commonwealth Commissioner in relation to —23\n(a) the manner in which Commonwealth registered24\nentities may provide information for the25\npurposes of this Act; and26\n\nCharitable Collections Amendment Bill 2025\ns. 16\npage 9\n(b) the provision of information obtained under the1\nCommonwealth Act to the Commissioner for2\nthe purposes of this Act.3\n17C. Disclosure of information4\nThe Commissioner may disclose information gained in5\nthe course of the administration of this Act to —6\n(a) the Commonwealth Commissioner; or7\n(b) an authority responsible for administering a law8\nrelating to the collection of money or goods for9\ncharitable purposes in another State or a10\nTerritory.11\n17D. Application of Fair Trading Act 2010 s. 112 and 11312\nThe Fair Trading Act 2010 sections 112 and 11313\nextend and apply, with any necessary modifications, to14\nthis Act as if —15\n(a) the sections were a part of this Act; and16\n(b) a reference to “this Act” in the sections of that17\nAct were a reference to this Act; and18\n(c) a reference to “the Department” in section 11319\nof that Act were a reference to the department20\nof the Public Service principally assisting in the21\nadministration of this Act.22\n23\n16. Section 19 amended24\nAfter section 19(2) insert:25\n26\n(3) Proceedings for an offence against this Act may be27\ncommenced within 3 years after the day on which the28\noffence is alleged to have been committed.29\n30\n\nCharitable Collections Amendment Bill 2025\ns. 17\npage 10\n17. Section 20 amended1\n(1) In section 20(1):2\n(a) delete “General himself ,” and insert:3\n4\nGeneral,5\n6\n(b) delete “him” and insert:7\n8\nthe Auditor General9\n10\n(2) In section 20(4) delete “him” (each occurrence) and insert:11\n12\nthe Auditor General13\n14\n18. Section 21 amended15\nAfter section 21(e) insert:16\n17\n(ea) to provide for the appointment of the members18\nof the advisory committee;19\n20\n19. Section 23 inserted21\nAfter section 22 insert:22\n23\n23. Transitional provision for Charitable Collections24\nAmendment Act 202525\n(1) In this section —26\ncommencement day means the day on which the27\nCharitable Collections Amendment Act 2025 section 1928\ncomes into operation;29\n\nCharitable Collections Amendment Bill 2025\ns. 20\npage 11\nnew section 10(2) means section 10(2) as in force on1\ncommencement day;2\nnew section 19(3) means section 19(3) as in force on3\ncommencement day.4\n(2) An appointment of a member of the advisory5\ncommittee that was in force immediately before6\ncommencement day continues to have effect on and7\nafter commencement day as if it had been made under8\nnew section 10(2).9\n(3) New section 19(3) applies only in relation to10\nproceedings for an offence against this Act alleged to11\nhave been committed on or after commencement day.12\n13\n20. Various references to “under this Act” deleted14\nIn the provisions listed in the Table delete “under this Act”.15\nTable16\ns. 6(1)(e), (f) and (g) s. 8\ns. 9(1) s. 11(1)\ns. 14\nNote: The heading to amended section 14 is to read:17\nNo charge for a licence18","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Bill expands the original statutory scheme by integrating Commonwealth ACNC registration into the State licensing regime (treating ACNC‑registered entities as holding WA licences while registered) and by adding new regulatory and enforcement tools. Concretely, it broadens scope by (a) recognising Commonwealth registration as authorising WA collections subject to WA conditions and notice (section 6(6), 12(1A)); (b) centralising discretion in the WA Commissioner to impose/alter licence conditions and revoke licences (sections 12, 12A); (c) enabling regulatory coordination and information sharing with the Commonwealth and other States (sections 17B–17C); and (d) bringing Fair Trading Act enforcement provisions into play (section 17D). These changes move the law beyond a narrow local licence‑granting regime toward a cross‑jurisdictional, regulator‑coordinated framework with increased administrative and compliance obligations for charities and greater discretionary enforcement capacity for the WA regulator."},"complexity_factors":["Adds 3 new substantive definitions to the interpretation section and removes 3 older ones (section 5).","Introduces deemed‑licence status for Commonwealth registered entities with two explicit exceptions and a mandatory notice form (section 6(6)–(9)).","Creates new Commissioner powers and multi‑step procedural rules for imposing, varying, revoking licence conditions and licences (sections 12(3)–(3B), 12A).","Inserts a regulator‑level code of conduct created by regulation that is treated as a licence condition but cannot be varied/revoked by the Commissioner (section 12B) — split rule‑making and enforcement authorities.","Adds three new sections relating to inter‑jurisdictional cooperation and enforcement (17B–17D), including applying parts of another Act (Fair Trading Act 2010 ss.112–113) with modifications.","Introduces transitional rules affecting limitation periods and advisory committee appointments (section 23) — temporal boundary on new enforcement rules.","Multiple cross‑references to Commonwealth legislation (ACNC Act) and to the Fair Trading Act increase external dependencies.","Deletes and rewords several existing provisions (e.g. removal of section 7, removal of wartime language), increasing contextual reading burden to see what has gone.","Procedural detail around notice, forms, advisory committee recommendations and effectivity on notice creates conditional logic and timing dependencies."],"plain_english_summary":"**What this Bill does (mechanically)\n\n- Recognises charities and not-for-profits that are registered with the Australian Charities and Not‑for‑profits Commission (ACNC, the Commonwealth register) as holding a Western Australian charitable collections licence automatically while they remain registered and meet a notice requirement (see new section 6(6) and section 12(1A)).\n\n- Gives the Western Australian Commissioner (the Commissioner) stronger, written powers to impose, vary or revoke conditions on licences, and to revoke licences (sections 12, 12A). Those decisions must be notified in writing and take effect on that notice (sections 12(3A)–(3B), 12A(3)–(4)). The Commissioner may refer a proposed revocation to the advisory committee for a recommendation but may revoke after considering that recommendation (section 12A(1)–(2)).\n\n- Allows the regulations to set a mandatory code of conduct for licence‑holders; the code counts as a licence condition but cannot be altered by the Commissioner once made (section 12B).\n\n- Enables the Commissioner to enter information‑sharing agreements with the Commonwealth ACNC Commissioner and to receive information from the ACNC (section 17B); the Commissioner may disclose information to the ACNC or similar bodies in other States/Territories (section 17C).\n\n- Applies two enforcement provisions from the Fair Trading Act 2010 (sections 112 and 113) to this Act, so certain Fair Trading remedies and powers operate in the charitable collections context (section 17D).\n\n- Changes administrative arrangements: removes obsolete wartime wording and references to the Minister/Governor in several places; allows an applicant to authorise someone else to apply for a licence; broadens what the advisory committee may consider when assessing an application; makes drafting gender‑neutral (various amendments across sections 4–11, 13–21).\n\n- Sets a 3‑year time limit for commencing proceedings for offences under this Act, but only for offences alleged to have been committed on or after the commencement day (section 19(3) and transitional section 23).\n\n- Provides transitional arrangements so existing advisory committee appointments remain valid under the new appointment procedure (section 23).\n\n\nWho is affected\n\n- Commonwealth registered entities (ACNC‑registered charities/not‑for‑profits): they are treated as licensed in WA for charitable collections while registered and if they give the required notice to the WA Commissioner (section 6(6), section 12(1A)). They will therefore no longer need a separate WA licence in many cases, but remain subject to WA licence conditions, a WA code of conduct (if made), and possible revocation by the WA Commissioner (sections 12, 12A, 12B, 17B–17D).\n\n- Other local charities and persons who apply for WA licences: they continue to apply under section 11; the advisory committee may take into account any matters it considers fit when assessing applications (amended section 11).\n\n- The WA Commissioner and advisory committee: the Commissioner gains clearer statutory powers to impose/alter conditions, revoke licences, make agreements with the ACNC, and share and receive information (sections 12–12A, 17B–17C).\n\n- Regulators in other jurisdictions and the ACNC: the Act explicitly allows information sharing and aligns some enforcement tools (sections 17B–17D).\n\n\nWhy it matters (claimed purposes and practical trade‑offs)\n\n- Claimed purpose: the Bill appears designed to reduce duplicate licensing for charities already registered with the Commonwealth ACNC and to improve regulatory coordination across jurisdictions (see the new definition of \"Commonwealth registered entity\" and sections 6(6), 17B). That is, ACNC registration can substitute for a separate WA licence subject to notification requirements.\n\n- What changes for charities: ACNC‑registered entities gain automatic WA authorisation to collect or hold money or goods or run entertainments (section 12(1A)), but they become subject to WA licence conditions (including any code of conduct made under the regulations) and to the Commissioner's enforcement and revocation powers (sections 12, 12A, 12B). So registration reduces one administrative step (obtaining a separate WA licence) but preserves WA regulatory oversight.\n\n- Who pays / bears the burden: charities benefit from reduced duplication but may face new WA compliance costs (notification form to the Commissioner, compliance with WA licence conditions and a WA code of conduct), and the Commissioner and department take on information‑handling responsibilities and administration. There is an administrative compliance cost for ACNC registrants to give the notice in a Commissioner‑approved form (section 6(9)).\n\n- Who decides: the Commissioner acquires substantial discretion to impose, vary or revoke licence conditions and to revoke licences (sections 12(3), 12A). The advisory committee is given a formal but advisory role on proposed revocations (section 12A(1)). Regulations can prescribe a code of conduct that becomes legally binding as a licence condition (section 12B).\n\n- Trade‑offs and risks: the Bill reduces duplication between Commonwealth and State licensing (efficiency gain) but centralises enforcement discretion at the WA Commissioner (increased regulatory discretion). Information‑sharing clauses (sections 17B–17C) lower information barriers between jurisdictions, which aids enforcement but raises administrative and privacy‑management tasks. The code of conduct, once made by regulation, cannot be later altered by the Commissioner as a licence condition (section 12B(2)), concentrating rule‑making power in the regulation‑making process rather than in individual licence decisions. Applying Fair Trading Act provisions (section 17D) extends an existing enforcement pathway to charitable collections; that may change remedies and investigative powers available to WA officials.\n\n- Implementation risks and opportunity costs: success depends on operational agreements with the ACNC and on drafting clear regulations and forms (sections 17B, 6(9), 12B). If the Commissioner exercises revocation powers frequently, ACNC‑registered charities may still need to engage with WA compliance even where Commonwealth registration exists. The 3‑year limitation period for commencing offences (section 19(3)) affects when enforcement action can be brought and is limited to offences committed after commencement (transitional section 23(3)), which changes enforcement timing.\n\n\nPractical takeaways (who pays, who decides, what behaviour changes)\n\n- Who pays: charities (especially ACNC registrants) will likely save on separate licence applications but may incur costs in complying with WA licence conditions, the WA code of conduct, and notice/reporting obligations (sections 6(6)–(9), 12, 12B).\n\n- Who decides: the WA Commissioner decides licence conditions, revocations, and the extent of information sharing with the ACNC and other States (sections 12–12A, 17B–17C). Regulations can set a code of conduct that binds licence‑holders (section 12B).\n\n- Behaviour change: ACNC‑registered bodies will usually rely on Commonwealth registration for WA authorisation but must give the Commissioner an approved notice form to be treated as holding a WA licence (section 6(6), 6(9), 12(1A)). All licence‑holders should expect WA‑level licence conditions and enforcement coordinated under Fair Trading Act measures (section 17D).\n\n\nKey sections to look at for detail: definitions and deemed licence (section 5, section 6(6), section 12(1A)); Commissioner powers and revocation process (sections 12, 12A); code of conduct and its regulatory status (section 12B); information sharing and application of Fair Trading Act provisions (sections 17B–17D); transitional and limitation amendments (section 23, section 19(3))."},"summary":{"status_summary":"The Charitable Collections Amendment Bill 2025 received Royal Assent on an unspecified date, with sections 1 and 2 effective immediately and the remaining provisions to commence on a day fixed by proclamation.","complexity_score":5,"likely_questions":["Does a charity registered with the ACNC still need to apply for a separate WA licence?","When will the bulk of the amendments come into effect?","What will the code of conduct cover and how will it be enforced?","How will the new information-sharing provisions affect donor privacy?","What are the new conditions the Commissioner can impose on a licence?"],"complexity_factors":["Multiple amendments to definitions and cross-references across the existing Act","Interaction between WA licensing scheme and Commonwealth ACNC registration creates two-tier regulatory structure","New discretionary powers for the Commissioner (conditions, revocation, information sharing) increase administrative complexity","Code of conduct provisions left to future regulations, introducing uncertainty","Transitional provisions distinguishing pre-and post-commencement offences add a temporal dimension"],"plain_english_summary":"This Bill modernises the Charitable Collections Act 1946: updating definitions, aligning WA licensing with the Commonwealth ACNC by deeming ACNC‑registered charities to hold a WA licence (unless revoked or already licensed), and replacing the Minister with a Commissioner who sets, varies or revokes licence conditions and may grant or refuse licences.  \n\nIt adds information‑sharing with Commonwealth and interstate regulators, applies Fair Trading enforcement powers, extends the offence limitation to three years, introduces a regulatory code, and includes transitional and proclamation commencement arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/charitable-collections-amendment-bill-2025","history":"/api/acts/charitable-collections-amendment-bill-2025/history","analysis":"/api/acts/charitable-collections-amendment-bill-2025/analysis","conflicts":"/api/acts/charitable-collections-amendment-bill-2025/conflicts","importantCases":"/api/acts/charitable-collections-amendment-bill-2025/important-cases","documents":"/api/acts/charitable-collections-amendment-bill-2025/documents"}}