{"id":"qld:act-1966-007","name":"Collections Act 1966","slug":"collections-act-1966","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"7 of 1966","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105608,"registerId":"qld-act-1966-007-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Collections Act 1966 .\ns 1 amd 1995 No. 57 s 4 sch 1 ; 2000 No. 46 s 3 sch","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Division of Act","content":"### sec.2 Division of Act\n\ns 2 om 1993 No. 32 s 3 sch 1","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Severability","content":"### sec.3 Severability\n\ns 3 om 1993 No. 32 s 3 sch 1","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Repeal","content":"### sec.4 Repeal\n\ns 4 om 1993 No. 32 s 3 sch 1","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of terms","content":"### sec.5 Meaning of terms\n\nThe dictionary in schedule 2 defines particular terms used in this Act.\nAny question arising under or for the purposes of all or any of the provisions of this Act as to whether a purpose is a charitable purpose or a community purpose or not or whether any association is a charity or not shall be determined by the Minister whose decision thereon shall be final.\ns 5 amd 2022 No. 23 s 46 (1)\n(sec.5-ssec.1) The dictionary in schedule 2 defines particular terms used in this Act.\n(sec.5-ssec.2) Any question arising under or for the purposes of all or any of the provisions of this Act as to whether a purpose is a charitable purpose or a community purpose or not or whether any association is a charity or not shall be determined by the Minister whose decision thereon shall be final.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Application of this Act","content":"### sec.6 Application of this Act\n\nUnless otherwise herein indicated, the provisions of this Act shall be in addition to and not in substitution for or diminution of the provisions of any Act or of any regulation or rule thereunder.\nThis Act shall not apply to any appeal for support solely for the advancement of religion by or on behalf of any religious denomination.\nUnless herein otherwise expressly provided, this Act shall not apply to any appeal for support for any purpose to which part 3 applies, made by or on behalf of any religious denomination.\nNothing in this Act and no assignment under section 16 shall prejudice or otherwise affect any of the provisions of any other Act or the provisions of any regulation or local law relating to the regulation or control of traffic or to public health or to the powers, functions, authorities, or duties of any local government or local governments or to the regulation or control of some other matter or thing, save that where a day or days are assigned under section 16 for the making of any street collection then no licence or permit shall be issued pursuant to or under the authority of such other Act or such regulation or local law which would enable the holding of any other street collection in the locality, street, city or town in respect of which that assignment was made.\nSee also section 23L in relation to deemed registrants.\ns 6 amd 1995 No. 57 s 4 sch 1 ; 2022 No. 23 s 47\n(sec.6-ssec.1) Unless otherwise herein indicated, the provisions of this Act shall be in addition to and not in substitution for or diminution of the provisions of any Act or of any regulation or rule thereunder.\n(sec.6-ssec.2) This Act shall not apply to any appeal for support solely for the advancement of religion by or on behalf of any religious denomination.\n(sec.6-ssec.3) Unless herein otherwise expressly provided, this Act shall not apply to any appeal for support for any purpose to which part 3 applies, made by or on behalf of any religious denomination.\n(sec.6-ssec.4) Nothing in this Act and no assignment under section 16 shall prejudice or otherwise affect any of the provisions of any other Act or the provisions of any regulation or local law relating to the regulation or control of traffic or to public health or to the powers, functions, authorities, or duties of any local government or local governments or to the regulation or control of some other matter or thing, save that where a day or days are assigned under section 16 for the making of any street collection then no licence or permit shall be issued pursuant to or under the authority of such other Act or such regulation or local law which would enable the holding of any other street collection in the locality, street, city or town in respect of which that assignment was made.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Administration of this Act","content":"### sec.7 Administration of this Act\n\nUnless otherwise herein indicated, this Act shall be administered by the Minister.\nInspectors and other officers necessary for this Act are to be employed under the Public Sector Act 2022 .\ns 7 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.7-ssec.1) Unless otherwise herein indicated, this Act shall be administered by the Minister.\n(sec.7-ssec.2) Inspectors and other officers necessary for this Act are to be employed under the Public Sector Act 2022 .","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Delegation by Minister","content":"### sec.8 Delegation by Minister\n\nThe Minister may delegate the Minister’s powers under this Act to the chief executive.\nThe chief executive may subdelegate the delegated power to an appropriately qualified public service officer.\ns 8 sub 1995 No. 57 s 4 sch 1\namd 2003 No. 94 s 30\n(sec.8-ssec.1) The Minister may delegate the Minister’s powers under this Act to the chief executive.\n(sec.8-ssec.2) The chief executive may subdelegate the delegated power to an appropriately qualified public service officer.","sortOrder":9},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.8A Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service officer.\ns 8A ins 2002 No. 13 s 32\namd 2003 No. 94 s 31 (2)","sortOrder":10},{"sectionNumber":"pt.3","sectionType":"part","heading":"Authorisation of appeals for support for certain purposes","content":"# Authorisation of appeals for support for certain purposes","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application of part 3","content":"### sec.9 Application of part 3\n\nThis part applies only to appeals for support for any 1 or more of the following purposes—\nany charity;\nany charitable purpose other than a charity;\nany charitable purpose joined with any other purpose, whether community purpose or not;\nany community purpose;\nany community purpose joined with any other purpose, whether a charitable purpose or not;\nany commercial undertaking or purpose of private gain joined with any purpose as aforementioned;\nany fund by whatever name called, established or to be established for the payment therein of moneys collected or of moneys received upon the disposal of articles collected and for the payment thereout, whether at times certain or uncertain, of moneys for any purpose or purposes as aforementioned.\n- (a) any charity;\n- (b) any charitable purpose other than a charity;\n- (c) any charitable purpose joined with any other purpose, whether community purpose or not;\n- (d) any community purpose;\n- (e) any community purpose joined with any other purpose, whether a charitable purpose or not;\n- (f) any commercial undertaking or purpose of private gain joined with any purpose as aforementioned;\n- (g) any fund by whatever name called, established or to be established for the payment therein of moneys collected or of moneys received upon the disposal of articles collected and for the payment thereout, whether at times certain or uncertain, of moneys for any purpose or purposes as aforementioned.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Conducting of unlawful appeals for support","content":"### sec.10 Conducting of unlawful appeals for support\n\nNo person shall make or cause to be made or assist in making any appeal for support for any purpose to which this part applies unless—\nwhere the appeal for support is made for the purpose of a charity only—that charity is then registered as such under this Act;\nwhere the appeal for support is made for the purpose referred to in section 9 (b) to (g) —that purpose is then sanctioned under this Act.\nAny person guilty of an offence against this section shall be liable—\nfor the first offence—to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding 3 months;\nfor a second or subsequent offence—to a fine not exceeding 40 penalty units or to imprisonment for a term not exceeding 6 months.\ns 10 amd 1981 No. 34 s 3 ; 24 May 1994 RA s 39 ; 1995 No. 58 s 4 sch 1\n(sec.10-ssec.1) No person shall make or cause to be made or assist in making any appeal for support for any purpose to which this part applies unless— where the appeal for support is made for the purpose of a charity only—that charity is then registered as such under this Act; where the appeal for support is made for the purpose referred to in section 9 (b) to (g) —that purpose is then sanctioned under this Act.\n(sec.10-ssec.2) Any person guilty of an offence against this section shall be liable— for the first offence—to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding 3 months; for a second or subsequent offence—to a fine not exceeding 40 penalty units or to imprisonment for a term not exceeding 6 months.\n- (a) where the appeal for support is made for the purpose of a charity only—that charity is then registered as such under this Act;\n- (b) where the appeal for support is made for the purpose referred to in section 9 (b) to (g) —that purpose is then sanctioned under this Act.\n- (a) for the first offence—to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding 3 months;\n- (b) for a second or subsequent offence—to a fine not exceeding 40 penalty units or to imprisonment for a term not exceeding 6 months.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Conditions to be observed in connection with appeals for support","content":"### sec.11 Conditions to be observed in connection with appeals for support\n\nThe following conditions shall be observed in connection with every appeal for support—\nmade for any charity registered under this Act—\nthe appeal shall be authorised in writing by the governing body of the charity or by some person authorised either generally or in the particular case in that behalf by the said governing body;\nall the conditions (if any) subject to which that authority is given shall be complied with in every respect;\nthe promoter of the appeal shall be named in that authority;\nthe name of the charity and the fact that it is registered under this Act shall be specified at all times when making the appeal;\nthe conditions (if any) to which the registration of the charity is subjected under this Act shall be complied with in every respect;\nthe provisions of this Act relating to the appeal shall be complied with in every respect;\nmade for any purpose sanctioned under this Act—\nall the conditions (if any) subject to which that sanction is given shall be complied with in every respect;\nthe promoter of the appeal shall be the person named in the sanction as such unless some other person is approved in writing by the Minister when that other person shall so act, or, where no person is named in the sanction as promoter and the appeal is not exempted by this Act from the application of this provision, the promoter shall be the person authorised to act as such in accordance with the conditions subject to which the sanction is given;\nthe purpose for which the appeal is made as set forth in the sanction and the fact that the purpose is sanctioned under this Act shall be specified at all times when making the appeal, but it shall be sufficient for these purposes where an appeal for support is made for a purpose which consists of the objects of any association only or of the objects of any association joined with any other purpose, to name, so far as concerns the objects of that association, that association, without referring to the objects of the association and to specify that the objects of the association are sanctioned under this Act;\nthe provisions of this Act relating to the appeal shall be complied with in every respect.\nIf any condition required to be observed by this section in respect of any appeal for support is contravened, the following persons shall be guilty of an offence against this Act—\nevery person who is a party to the contravention;\nwhere the appeal for support is made for a charity or other association whatsoever—each member of the governing body of that association;\nin every case—the promoter of the appeal for support.\nA person charged with such an offence by reason of the person being a member of the governing body of a charity or other association or by reason of the person being a promoter shall not be convicted thereof if the Court is satisfied that the contravention occurred without the person’s consent and connivance and that the person exercised all due diligence to prevent it.\n(sec.11-ssec.1) The following conditions shall be observed in connection with every appeal for support— made for any charity registered under this Act— the appeal shall be authorised in writing by the governing body of the charity or by some person authorised either generally or in the particular case in that behalf by the said governing body; all the conditions (if any) subject to which that authority is given shall be complied with in every respect; the promoter of the appeal shall be named in that authority; the name of the charity and the fact that it is registered under this Act shall be specified at all times when making the appeal; the conditions (if any) to which the registration of the charity is subjected under this Act shall be complied with in every respect; the provisions of this Act relating to the appeal shall be complied with in every respect; made for any purpose sanctioned under this Act— all the conditions (if any) subject to which that sanction is given shall be complied with in every respect; the promoter of the appeal shall be the person named in the sanction as such unless some other person is approved in writing by the Minister when that other person shall so act, or, where no person is named in the sanction as promoter and the appeal is not exempted by this Act from the application of this provision, the promoter shall be the person authorised to act as such in accordance with the conditions subject to which the sanction is given; the purpose for which the appeal is made as set forth in the sanction and the fact that the purpose is sanctioned under this Act shall be specified at all times when making the appeal, but it shall be sufficient for these purposes where an appeal for support is made for a purpose which consists of the objects of any association only or of the objects of any association joined with any other purpose, to name, so far as concerns the objects of that association, that association, without referring to the objects of the association and to specify that the objects of the association are sanctioned under this Act; the provisions of this Act relating to the appeal shall be complied with in every respect.\n(sec.11-ssec.2) If any condition required to be observed by this section in respect of any appeal for support is contravened, the following persons shall be guilty of an offence against this Act— every person who is a party to the contravention; where the appeal for support is made for a charity or other association whatsoever—each member of the governing body of that association; in every case—the promoter of the appeal for support.\n(sec.11-ssec.3) A person charged with such an offence by reason of the person being a member of the governing body of a charity or other association or by reason of the person being a promoter shall not be convicted thereof if the Court is satisfied that the contravention occurred without the person’s consent and connivance and that the person exercised all due diligence to prevent it.\n- (a) made for any charity registered under this Act— (i) the appeal shall be authorised in writing by the governing body of the charity or by some person authorised either generally or in the particular case in that behalf by the said governing body; (ii) all the conditions (if any) subject to which that authority is given shall be complied with in every respect; (iii) the promoter of the appeal shall be named in that authority; (iv) the name of the charity and the fact that it is registered under this Act shall be specified at all times when making the appeal; (v) the conditions (if any) to which the registration of the charity is subjected under this Act shall be complied with in every respect; (vi) the provisions of this Act relating to the appeal shall be complied with in every respect;\n- (i) the appeal shall be authorised in writing by the governing body of the charity or by some person authorised either generally or in the particular case in that behalf by the said governing body;\n- (ii) all the conditions (if any) subject to which that authority is given shall be complied with in every respect;\n- (iii) the promoter of the appeal shall be named in that authority;\n- (iv) the name of the charity and the fact that it is registered under this Act shall be specified at all times when making the appeal;\n- (v) the conditions (if any) to which the registration of the charity is subjected under this Act shall be complied with in every respect;\n- (vi) the provisions of this Act relating to the appeal shall be complied with in every respect;\n- (b) made for any purpose sanctioned under this Act— (i) all the conditions (if any) subject to which that sanction is given shall be complied with in every respect; (ii) the promoter of the appeal shall be the person named in the sanction as such unless some other person is approved in writing by the Minister when that other person shall so act, or, where no person is named in the sanction as promoter and the appeal is not exempted by this Act from the application of this provision, the promoter shall be the person authorised to act as such in accordance with the conditions subject to which the sanction is given; (iii) the purpose for which the appeal is made as set forth in the sanction and the fact that the purpose is sanctioned under this Act shall be specified at all times when making the appeal, but it shall be sufficient for these purposes where an appeal for support is made for a purpose which consists of the objects of any association only or of the objects of any association joined with any other purpose, to name, so far as concerns the objects of that association, that association, without referring to the objects of the association and to specify that the objects of the association are sanctioned under this Act; (iv) the provisions of this Act relating to the appeal shall be complied with in every respect.\n- (i) all the conditions (if any) subject to which that sanction is given shall be complied with in every respect;\n- (ii) the promoter of the appeal shall be the person named in the sanction as such unless some other person is approved in writing by the Minister when that other person shall so act, or, where no person is named in the sanction as promoter and the appeal is not exempted by this Act from the application of this provision, the promoter shall be the person authorised to act as such in accordance with the conditions subject to which the sanction is given;\n- (iii) the purpose for which the appeal is made as set forth in the sanction and the fact that the purpose is sanctioned under this Act shall be specified at all times when making the appeal, but it shall be sufficient for these purposes where an appeal for support is made for a purpose which consists of the objects of any association only or of the objects of any association joined with any other purpose, to name, so far as concerns the objects of that association, that association, without referring to the objects of the association and to specify that the objects of the association are sanctioned under this Act;\n- (iv) the provisions of this Act relating to the appeal shall be complied with in every respect.\n- (i) the appeal shall be authorised in writing by the governing body of the charity or by some person authorised either generally or in the particular case in that behalf by the said governing body;\n- (ii) all the conditions (if any) subject to which that authority is given shall be complied with in every respect;\n- (iii) the promoter of the appeal shall be named in that authority;\n- (iv) the name of the charity and the fact that it is registered under this Act shall be specified at all times when making the appeal;\n- (v) the conditions (if any) to which the registration of the charity is subjected under this Act shall be complied with in every respect;\n- (vi) the provisions of this Act relating to the appeal shall be complied with in every respect;\n- (i) all the conditions (if any) subject to which that sanction is given shall be complied with in every respect;\n- (ii) the promoter of the appeal shall be the person named in the sanction as such unless some other person is approved in writing by the Minister when that other person shall so act, or, where no person is named in the sanction as promoter and the appeal is not exempted by this Act from the application of this provision, the promoter shall be the person authorised to act as such in accordance with the conditions subject to which the sanction is given;\n- (iii) the purpose for which the appeal is made as set forth in the sanction and the fact that the purpose is sanctioned under this Act shall be specified at all times when making the appeal, but it shall be sufficient for these purposes where an appeal for support is made for a purpose which consists of the objects of any association only or of the objects of any association joined with any other purpose, to name, so far as concerns the objects of that association, that association, without referring to the objects of the association and to specify that the objects of the association are sanctioned under this Act;\n- (iv) the provisions of this Act relating to the appeal shall be complied with in every respect.\n- (a) every person who is a party to the contravention;\n- (b) where the appeal for support is made for a charity or other association whatsoever—each member of the governing body of that association;\n- (c) in every case—the promoter of the appeal for support.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Sanctions under this Act","content":"### sec.12 Sanctions under this Act\n\nThe Minister may from time to time sanction any purpose to which this part applies as a purpose for which any appeal or appeals for support may be made and may subject every such sanction to such conditions as the Minister thinks fit.\nA sanction for such a purpose may be in force at the same time as a sanction for that purpose joined with some other purpose.\nAny such sanction may be given for an indefinite duration of time or for such period as may be specified therein.\nHowever, a sanction for an indefinite duration of time shall not be given for a purpose consisting of the objects of an association which, in the opinion of the Minister, does not continuously make appeals for support for that purpose.\nWhere a sanction is given for an indefinite duration of time, it shall remain in force until revoked under this Act.\nConditions (if any) imposed by the Minister in respect of the giving of a sanction under this Act, shall not be inconsistent with those prescribed with respect thereto and every condition so imposed shall be set out in the sanction.\nWhile a sanction remains in force then, subject to this Act and the conditions to which the sanction is subjected, any appeal for support for the purpose sanctioned may be made.\nThe Minister may at any time while it remains in force revoke any sanction given under this Act if at any time the Minister is of the opinion—\nthat any condition subject to which the sanction is given has been contravened; or\nthat in relation to any appeal for support for the purposes sanctioned there has been misconduct of such a nature that the appeal for support should not continue or that future appeals for support should not be made; or\nthat subsequently to the giving of the sanction and in connection therewith or in connection with any appeal for support for the purpose sanctioned, any failure, without reasonable excuse having been shown to the Minister’s satisfaction, has occurred in answering any question, supplying any information, producing any record or lodging any return, in accordance with any requirement, direction, or order, notified, given, or made under and for the purposes of this Act; or\nthat, where the sanction is given for a purpose consisting of the objects of any association, that association has ceased to exist or has ceased to operate, or is not complying with any of the provisions of this Act, or is not being properly administered; or\nthat for any other reason such sanction should be revoked.\nThe Minister may, under subsection (8) , revoke any such sanction by giving the prescribed notice and the Minister may by notice in writing, first require the person to whom the sanction is given or some other interested person to show, within the period stated in the notice, cause why the sanction should not be revoked.\nThe revocation of a sanction in pursuance of subsection (8) shall not prejudice or affect any proceedings brought or that may be brought in respect of any matter or thing in consequence of which the sanction was revoked.\nApplications for sanctions under this Act may be made and may be granted at any time after the passing of this Act for the purpose of those sanctions being in force upon the commencement of this Act and for the purpose of giving effect to this subsection—\nall relevant provisions of this Act shall be deemed to come into operation upon the passing of this Act; and\nall relevant regulations made under or for the purposes of this Act shall be deemed to come into operation upon the making thereof.\ns 12 amd 1995 No. 57 s 4 sch 1\n(sec.12-ssec.1) The Minister may from time to time sanction any purpose to which this part applies as a purpose for which any appeal or appeals for support may be made and may subject every such sanction to such conditions as the Minister thinks fit.\n(sec.12-ssec.2) A sanction for such a purpose may be in force at the same time as a sanction for that purpose joined with some other purpose.\n(sec.12-ssec.3) Any such sanction may be given for an indefinite duration of time or for such period as may be specified therein.\n(sec.12-ssec.4) However, a sanction for an indefinite duration of time shall not be given for a purpose consisting of the objects of an association which, in the opinion of the Minister, does not continuously make appeals for support for that purpose.\n(sec.12-ssec.5) Where a sanction is given for an indefinite duration of time, it shall remain in force until revoked under this Act.\n(sec.12-ssec.6) Conditions (if any) imposed by the Minister in respect of the giving of a sanction under this Act, shall not be inconsistent with those prescribed with respect thereto and every condition so imposed shall be set out in the sanction.\n(sec.12-ssec.7) While a sanction remains in force then, subject to this Act and the conditions to which the sanction is subjected, any appeal for support for the purpose sanctioned may be made.\n(sec.12-ssec.8) The Minister may at any time while it remains in force revoke any sanction given under this Act if at any time the Minister is of the opinion— that any condition subject to which the sanction is given has been contravened; or that in relation to any appeal for support for the purposes sanctioned there has been misconduct of such a nature that the appeal for support should not continue or that future appeals for support should not be made; or that subsequently to the giving of the sanction and in connection therewith or in connection with any appeal for support for the purpose sanctioned, any failure, without reasonable excuse having been shown to the Minister’s satisfaction, has occurred in answering any question, supplying any information, producing any record or lodging any return, in accordance with any requirement, direction, or order, notified, given, or made under and for the purposes of this Act; or that, where the sanction is given for a purpose consisting of the objects of any association, that association has ceased to exist or has ceased to operate, or is not complying with any of the provisions of this Act, or is not being properly administered; or that for any other reason such sanction should be revoked.\n(sec.12-ssec.9) The Minister may, under subsection (8) , revoke any such sanction by giving the prescribed notice and the Minister may by notice in writing, first require the person to whom the sanction is given or some other interested person to show, within the period stated in the notice, cause why the sanction should not be revoked.\n(sec.12-ssec.10) The revocation of a sanction in pursuance of subsection (8) shall not prejudice or affect any proceedings brought or that may be brought in respect of any matter or thing in consequence of which the sanction was revoked.\n(sec.12-ssec.11) Applications for sanctions under this Act may be made and may be granted at any time after the passing of this Act for the purpose of those sanctions being in force upon the commencement of this Act and for the purpose of giving effect to this subsection— all relevant provisions of this Act shall be deemed to come into operation upon the passing of this Act; and all relevant regulations made under or for the purposes of this Act shall be deemed to come into operation upon the making thereof.\n- (a) that any condition subject to which the sanction is given has been contravened; or\n- (b) that in relation to any appeal for support for the purposes sanctioned there has been misconduct of such a nature that the appeal for support should not continue or that future appeals for support should not be made; or\n- (c) that subsequently to the giving of the sanction and in connection therewith or in connection with any appeal for support for the purpose sanctioned, any failure, without reasonable excuse having been shown to the Minister’s satisfaction, has occurred in answering any question, supplying any information, producing any record or lodging any return, in accordance with any requirement, direction, or order, notified, given, or made under and for the purposes of this Act; or\n- (d) that, where the sanction is given for a purpose consisting of the objects of any association, that association has ceased to exist or has ceased to operate, or is not complying with any of the provisions of this Act, or is not being properly administered; or\n- (e) that for any other reason such sanction should be revoked.\n- (a) all relevant provisions of this Act shall be deemed to come into operation upon the passing of this Act; and\n- (b) all relevant regulations made under or for the purposes of this Act shall be deemed to come into operation upon the making thereof.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Art union authorities to be treated as sanctions","content":"### sec.13 Art union authorities to be treated as sanctions\n\nFor this part, if an appeal for support for a purpose consists only of conducting a game under the Charitable and Non-Profit Gaming Act 1999 , the Minister is taken to have given a sanction under this Act for the purpose.\nSee, however, section 23N (3) in relation to deemed registrants.\ns 13 sub 1995 No. 57 s 4 sch 1\namd 1999 No. 26 s 196 sch 1 ; 2022 No. 23 s 48","sortOrder":16},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Parents and citizens associations","content":"### sec.13A Parents and citizens associations\n\nFor this part, the objects of a parents and citizens association are taken to be sanctioned under this Act.\ns 13A ins 1995 No. 57 s 4 sch 1\namd 2006 No. 39 s 512 (1) sch 1 ; 2022 No. 23 s 49","sortOrder":17},{"sectionNumber":"pt.4","sectionType":"part","heading":"Control of door-to-door appeals and street collections","content":"# Control of door-to-door appeals and street collections","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Definitions for part","content":"### sec.14 Definitions for part\n\nIn this part—\ndoor-to-door appeal , in relation to any purpose to which this part applies, means any appeal for support for such purpose made by visiting any places of residence or places of employment or both, one after another, and there—\nmaking a collection; or\nmaking or distributing any invitation; or\nselling or offering for sale any tickets or chances in any art union; or\ndistributing or disposing of any device within the meaning of section 18 in connection with the appeal for support; or\ndoing anything else declared under a regulation to be a door-to-door appeal;\nor doing more than 1 of these things, but does not include the visiting of places of residence or of employment or both for the purpose of leaving, collecting, or obtaining moneys from collecting boxes, or for the purpose of leaving, collecting, or obtaining articles from collecting receptacles, there used or to be used in accordance with this Act for the purposes of an appeal for support for any purpose to which part 3 applies.\ns 14 def door-to-door appeal amd 1995 No. 57 s 4 sch 1\ninvitation means any invitation (expressed or implied, and whether made verbally or by conduct, or by any advertisement) designed to obtain money or articles.\nstreet means any road within the meaning of the Transport Operations (Road Use Management) Act 1995 , including any place to which the public have access and which adjoins any road as aforesaid, and includes a part of a street.\ns 14 def street amd 1999 No. 42 s 54 (3) sch pt 3\nstreet collection , in relation to any purpose to which this part applies, means any appeal for support for such purpose made in any street, and there—\nmaking a collection; or\nmaking or distributing any invitation; or\ndistributing or disposing of any device within the meaning of section 18 in connection with the appeal for support; or\ndoing anything else declared under a regulation to be a street collection;\nor doing more than 1 of these things.\ns 14 def street collection amd 1995 No. 57 s 4 sch 1\ns 14 amd 1995 No. 57 s 4 sch 1\n- (a) making a collection; or\n- (b) making or distributing any invitation; or\n- (c) selling or offering for sale any tickets or chances in any art union; or\n- (d) distributing or disposing of any device within the meaning of section 18 in connection with the appeal for support; or\n- (e) doing anything else declared under a regulation to be a door-to-door appeal;\n- (a) making a collection; or\n- (b) making or distributing any invitation; or\n- (c) distributing or disposing of any device within the meaning of section 18 in connection with the appeal for support; or\n- (d) doing anything else declared under a regulation to be a street collection;","sortOrder":19},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Application of part 4","content":"### sec.14A Application of part 4\n\nThis part applies to door-to-door appeals and street collections for any purpose to which part 3 applies including any door-to-door appeal or street collection for any such purpose made by or on behalf of any religious denomination.\ns 14A (prev s 14(2)) renum 1995 No. 57 s 4 sch 1","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Control of door-to-door appeals","content":"### sec.15 Control of door-to-door appeals\n\nThis section applies only to cities or towns, or cities and towns in a part of the State, specified under a regulation.\nAny city or town or part of the State so specified and the boundaries thereof may be specified in such a manner as the Governor in Council considers sufficient for identification.\nFor the purpose of controlling door-to-door appeals in any city or town to which this section applies, the Minister may from time to time nominate localities therein, in such a manner as the Minister considers sufficient for the identification of each locality.\nIn relation to the area of any locality so nominated in any city or town, or where no locality is nominated in any city or town, then in relation to the whole of the area of the city or town in which this section is in force, the Minister may—\nfrom time to time fix the maximum number of days on which door-to-door appeals for any of the purposes to which this part applies may be made during a period specified by the Minister;\nin relation to any such period—fix a day on or before which applications may be made under this Act to have a day assigned whereon a door-to-door appeal for any such purpose may be made;\nassign to any applicant from time to time a day (but so that the total number of days assigned do not exceed in number the maximum number fixed by the Minister) during any period so specified on which a door-to-door appeal for any such purpose may be made.\nAny day so assigned may be a different day from that applied for.\nThe Minister may refuse to assign a day to any applicant.\nIn assigning days in accordance with subsections (4) to (6) , the Minister shall first consider the applications of those persons who made application to the Minister on or before the day fixed by the Minister pursuant to subsection (4) (b) .\nNo person shall make or cause to be made or assist in making or take part in any door-to-door appeal for any purpose to which this part applies—\nin the area of any locality nominated under this section in any city or town; or\nwhere no locality is so nominated in any city or town—in the whole of the area of any city or town;\nwhere this section is in force in any period specified under this section in relation to the area of that locality or, as the case may be, the whole of the area of that city or town on a day other than a day assigned under this section for the making of that appeal.\ns 15 amd 1995 No. 57 s 4 sch 1\n(sec.15-ssec.1) This section applies only to cities or towns, or cities and towns in a part of the State, specified under a regulation.\n(sec.15-ssec.2) Any city or town or part of the State so specified and the boundaries thereof may be specified in such a manner as the Governor in Council considers sufficient for identification.\n(sec.15-ssec.3) For the purpose of controlling door-to-door appeals in any city or town to which this section applies, the Minister may from time to time nominate localities therein, in such a manner as the Minister considers sufficient for the identification of each locality.\n(sec.15-ssec.4) In relation to the area of any locality so nominated in any city or town, or where no locality is nominated in any city or town, then in relation to the whole of the area of the city or town in which this section is in force, the Minister may— from time to time fix the maximum number of days on which door-to-door appeals for any of the purposes to which this part applies may be made during a period specified by the Minister; in relation to any such period—fix a day on or before which applications may be made under this Act to have a day assigned whereon a door-to-door appeal for any such purpose may be made; assign to any applicant from time to time a day (but so that the total number of days assigned do not exceed in number the maximum number fixed by the Minister) during any period so specified on which a door-to-door appeal for any such purpose may be made.\n(sec.15-ssec.5) Any day so assigned may be a different day from that applied for.\n(sec.15-ssec.6) The Minister may refuse to assign a day to any applicant.\n(sec.15-ssec.7) In assigning days in accordance with subsections (4) to (6) , the Minister shall first consider the applications of those persons who made application to the Minister on or before the day fixed by the Minister pursuant to subsection (4) (b) .\n(sec.15-ssec.8) No person shall make or cause to be made or assist in making or take part in any door-to-door appeal for any purpose to which this part applies— in the area of any locality nominated under this section in any city or town; or where no locality is so nominated in any city or town—in the whole of the area of any city or town; where this section is in force in any period specified under this section in relation to the area of that locality or, as the case may be, the whole of the area of that city or town on a day other than a day assigned under this section for the making of that appeal.\n- (a) from time to time fix the maximum number of days on which door-to-door appeals for any of the purposes to which this part applies may be made during a period specified by the Minister;\n- (b) in relation to any such period—fix a day on or before which applications may be made under this Act to have a day assigned whereon a door-to-door appeal for any such purpose may be made;\n- (c) assign to any applicant from time to time a day (but so that the total number of days assigned do not exceed in number the maximum number fixed by the Minister) during any period so specified on which a door-to-door appeal for any such purpose may be made.\n- (a) in the area of any locality nominated under this section in any city or town; or\n- (b) where no locality is so nominated in any city or town—in the whole of the area of any city or town;","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Control of street collections","content":"### sec.16 Control of street collections\n\nThis section applies only to cities or towns, or cities and towns in a part of the State, specified under a regulation.\nAny city or town or part of the State so specified and the boundaries thereof may be specified in such a manner as the Governor in Council considers sufficient for identification.\nFor the purposes of controlling street collections in any city or town to which this section applies, the Minister may from time to time nominate localities or streets therein, in such a manner as the Minister considers sufficient for the identification of each locality or street, as the case may be.\nIn relation to all streets in any locality or to any street so nominated in any city or town, or where no locality or street is nominated in any city or town, then in relation to all streets in the city or town in which this section is in force, the Minister may—\nfrom time to time fix the maximum number of days on which street collections for any of the purposes to which this part applies may be made during a period specified by the Minister;\nin relation to any such period—fix a day on or before which applications may be made under this Act to have a day assigned whereon a street collection for any such purpose may be made;\nassign to any applicant from time to time a day (but so that the total number of days assigned do not exceed in number the maximum number fixed by the Minister) during any period so specified on which a street collection for any such purpose may be made.\nAny day so assigned may be a different day from that applied for.\nThe Minister may refuse to assign a day to any applicant.\nIn assigning days in accordance with subsections (4) to (6) , the Minister shall first consider the applications of those persons who made application to the Minister on or before the day fixed by the Minister pursuant to subsection (4) (b) .\nWhere a day is assigned under this section for the making of any street collection—\nin any locality or street nominated under this section in any city or town; or\nwhere no locality or street is so nominated in the city or town—in any city or town;\nin which this section is in force for any purpose, then no person shall make or cause to be made or assist in making or take part in any street collection for any other purpose, whether a purpose to which this part applies or not, in that locality or street or city or town, as the case may be, on that day.\ns 16 amd 1995 No. 57 s 4 sch 1 ; 1997 No. 82 s 3 sch\n(sec.16-ssec.1) This section applies only to cities or towns, or cities and towns in a part of the State, specified under a regulation.\n(sec.16-ssec.2) Any city or town or part of the State so specified and the boundaries thereof may be specified in such a manner as the Governor in Council considers sufficient for identification.\n(sec.16-ssec.3) For the purposes of controlling street collections in any city or town to which this section applies, the Minister may from time to time nominate localities or streets therein, in such a manner as the Minister considers sufficient for the identification of each locality or street, as the case may be.\n(sec.16-ssec.4) In relation to all streets in any locality or to any street so nominated in any city or town, or where no locality or street is nominated in any city or town, then in relation to all streets in the city or town in which this section is in force, the Minister may— from time to time fix the maximum number of days on which street collections for any of the purposes to which this part applies may be made during a period specified by the Minister; in relation to any such period—fix a day on or before which applications may be made under this Act to have a day assigned whereon a street collection for any such purpose may be made; assign to any applicant from time to time a day (but so that the total number of days assigned do not exceed in number the maximum number fixed by the Minister) during any period so specified on which a street collection for any such purpose may be made.\n(sec.16-ssec.5) Any day so assigned may be a different day from that applied for.\n(sec.16-ssec.6) The Minister may refuse to assign a day to any applicant.\n(sec.16-ssec.7) In assigning days in accordance with subsections (4) to (6) , the Minister shall first consider the applications of those persons who made application to the Minister on or before the day fixed by the Minister pursuant to subsection (4) (b) .\n(sec.16-ssec.8) Where a day is assigned under this section for the making of any street collection— in any locality or street nominated under this section in any city or town; or where no locality or street is so nominated in the city or town—in any city or town; in which this section is in force for any purpose, then no person shall make or cause to be made or assist in making or take part in any street collection for any other purpose, whether a purpose to which this part applies or not, in that locality or street or city or town, as the case may be, on that day.\n- (a) from time to time fix the maximum number of days on which street collections for any of the purposes to which this part applies may be made during a period specified by the Minister;\n- (b) in relation to any such period—fix a day on or before which applications may be made under this Act to have a day assigned whereon a street collection for any such purpose may be made;\n- (c) assign to any applicant from time to time a day (but so that the total number of days assigned do not exceed in number the maximum number fixed by the Minister) during any period so specified on which a street collection for any such purpose may be made.\n- (a) in any locality or street nominated under this section in any city or town; or\n- (b) where no locality or street is so nominated in the city or town—in any city or town;","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Conditions to be observed in connection with door-to-door appeals and street collections","content":"### sec.17 Conditions to be observed in connection with door-to-door appeals and street collections\n\nThis section applies with respect to every door-to-door appeal and street collection for any purpose to which this part applies whether made, in the case of a door-to-door appeal, within or without a city or town to which section 15 applies or, in the case of a street collection, within or without a city or town to which section 16 applies.\nIn addition to the conditions prescribed for the appeal for support by section 11 , there shall be observed in connection with each door-to-door appeal or street collection to which this section applies, the conditions particularly prescribed for door-to-door appeals or, as the case may be, street collections.\nThe provisions of section 11 (2) shall apply in relation to any contravention of any condition required by subsection (2) of this section to be observed in connection with any such door-to-door appeal or street collection as if a condition referred to in the section 11 (2) were a condition referred to in subsection (2) of this section.\n(sec.17-ssec.1) This section applies with respect to every door-to-door appeal and street collection for any purpose to which this part applies whether made, in the case of a door-to-door appeal, within or without a city or town to which section 15 applies or, in the case of a street collection, within or without a city or town to which section 16 applies.\n(sec.17-ssec.2) In addition to the conditions prescribed for the appeal for support by section 11 , there shall be observed in connection with each door-to-door appeal or street collection to which this section applies, the conditions particularly prescribed for door-to-door appeals or, as the case may be, street collections.\n(sec.17-ssec.3) The provisions of section 11 (2) shall apply in relation to any contravention of any condition required by subsection (2) of this section to be observed in connection with any such door-to-door appeal or street collection as if a condition referred to in the section 11 (2) were a condition referred to in subsection (2) of this section.","sortOrder":23},{"sectionNumber":"pt.5","sectionType":"part","heading":"Restriction on distribution of certain devices","content":"# Restriction on distribution of certain devices","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Restriction on distribution of certain devices","content":"### sec.18 Restriction on distribution of certain devices\n\nAn application may be made to the Minister by or on behalf of the governing body of any charity registered under this Act or of any association whose objects are a community purpose which is sanctioned under this Act for which any appeal or appeals for support may be made for the assigning to that charity or association of the exclusive right to distribute or dispose of a device in connection with all or any appeals for support made for that charity or objects of that association, as the case may be, or to alter any device in respect of which such exclusive right has been previously assigned.\nAny such application may be made with respect to appeals for support made throughout the State or in any specified part or parts of the State.\nUpon consideration of an application under subsection (1) the Minister in the Minister’s discretion may grant the application or refuse the application.\nAn application may be granted for an indefinite duration of time or for such period as the Minister thinks fit and any grant may be revoked at any time by the Minister should, in the Minister’s opinion, the circumstances justify such revocation.\nThe exclusive right to distribute or dispose of certain devices conferred by the regulations under the repealed Act on certain charities within the meaning of that Act in connection with appeals for support by or on behalf of those charities respectively shall continue for the purposes of this Act as an exclusive right to distribute or dispose of the same assigned to that particular body in connection with appeals for support made in any part of the State for the body, but without prejudice to the right of each body to apply under this section at any time and from time to time for the alteration of that device or to apply for the assigning thereto of a further device for the purposes of this section and without prejudice to the determination under this Act of any question as to whether that body is a charity or not for the purposes of all or any of the provisions of this Act.\nWhere the exclusive right to distribute or dispose of any device is continued or is assigned by or under this Act to any charity or association in connection with all or any appeals for support made in the State or any part of the State for that charity or purpose of that association, as the case may be, then no person shall distribute or dispose of any such device (or any device so nearly resembling the same as is likely to deceive or is intended to deceive) in connection with any appeal for support for any purpose whatsoever in any part of the State or, as appropriate, in that part of the State, save in connection with an appeal for support for the charity or objects of the association, as the case may be, to which that device is for the time being assigned by or under this Act.\nIn this section—\ndevice means badge, emblem, disc, token, artificial flower, or other device, and any reference herein to the distribution or disposal of any device shall include a reference to the distribution or disposal of any article bearing, containing, or being in any manner whatsoever a representation of such device.\ns 18 amd 1995 No. 57 s 4 sch 1 ; 2022 No. 23 s 50\n(sec.18-ssec.1) An application may be made to the Minister by or on behalf of the governing body of any charity registered under this Act or of any association whose objects are a community purpose which is sanctioned under this Act for which any appeal or appeals for support may be made for the assigning to that charity or association of the exclusive right to distribute or dispose of a device in connection with all or any appeals for support made for that charity or objects of that association, as the case may be, or to alter any device in respect of which such exclusive right has been previously assigned.\n(sec.18-ssec.2) Any such application may be made with respect to appeals for support made throughout the State or in any specified part or parts of the State.\n(sec.18-ssec.3) Upon consideration of an application under subsection (1) the Minister in the Minister’s discretion may grant the application or refuse the application.\n(sec.18-ssec.4) An application may be granted for an indefinite duration of time or for such period as the Minister thinks fit and any grant may be revoked at any time by the Minister should, in the Minister’s opinion, the circumstances justify such revocation.\n(sec.18-ssec.5) The exclusive right to distribute or dispose of certain devices conferred by the regulations under the repealed Act on certain charities within the meaning of that Act in connection with appeals for support by or on behalf of those charities respectively shall continue for the purposes of this Act as an exclusive right to distribute or dispose of the same assigned to that particular body in connection with appeals for support made in any part of the State for the body, but without prejudice to the right of each body to apply under this section at any time and from time to time for the alteration of that device or to apply for the assigning thereto of a further device for the purposes of this section and without prejudice to the determination under this Act of any question as to whether that body is a charity or not for the purposes of all or any of the provisions of this Act.\n(sec.18-ssec.6) Where the exclusive right to distribute or dispose of any device is continued or is assigned by or under this Act to any charity or association in connection with all or any appeals for support made in the State or any part of the State for that charity or purpose of that association, as the case may be, then no person shall distribute or dispose of any such device (or any device so nearly resembling the same as is likely to deceive or is intended to deceive) in connection with any appeal for support for any purpose whatsoever in any part of the State or, as appropriate, in that part of the State, save in connection with an appeal for support for the charity or objects of the association, as the case may be, to which that device is for the time being assigned by or under this Act.\n(sec.18-ssec.7) In this section— device means badge, emblem, disc, token, artificial flower, or other device, and any reference herein to the distribution or disposal of any device shall include a reference to the distribution or disposal of any article bearing, containing, or being in any manner whatsoever a representation of such device.","sortOrder":25},{"sectionNumber":"pt.6","sectionType":"part","heading":"Registration of charities","content":"# Registration of charities","sortOrder":26},{"sectionNumber":"sec.19","sectionType":"section","heading":"Registration of charities","content":"### sec.19 Registration of charities\n\nThere shall be a register of charities containing all charities for the time being registered under this Act and in which there shall be entered with respect to such charities such particulars as may be prescribed.\nFor the purposes of this Act, the registration of an association as a charity shall embrace every local or affiliated branch or section of the association unless, with the consent of the central body, any such local or affiliated branch or section applies for and is granted registration separately.\nWhere a local or affiliated branch or section of a charity which is registered separately from the central body as a charity, is subsequently removed from the register of charities then until the Minister otherwise directs no appeal for support shall be made for that local or affiliated branch or section or for its objects as distinct from an appeal for support for the central body or for the objects of the central body.\nWhile a charity remains registered under this Act then, subject to this Act and the conditions to which the registration is subjected, any appeal for support for the charity may be made.\nA charity may apply to the chief executive for registration under this Act.\nWith every such application there shall be supplied to the chief executive such documents and information as may be prescribed or as the chief executive may require for the purpose of the application.\nThe Minister may, before granting any application, make such inquiries with respect to the charity as the Minister thinks fit.\nEvery member of the governing body and every officer and member of the charity and any other person shall supply or cause to be supplied all documents in his or her possession or under his or her control or all information within his or her knowledge as is required by the Minister in any inquiry made under subsection (10) .\nUpon consideration of an application under this section, the Minister in the Minister’s discretion may—\ngrant the application; or\ngrant the application subject to such conditions as the Minister thinks fit; or\nrefuse the application.\nHowever, without derogating from subsection (12) , the Minister before refusing any application under this section shall take into consideration whether the association is a charity, whether the charity is established in good faith as a charity, whether there is a likelihood of its complying with the provisions of this Act including the conditions imposed by or under this Act, whether the charity is or will be properly administered, whether the proposed objects of the charity are already covered by a charity which is registered under this Act, and whether it would be in the public interest to grant such application.\nThe Minister may at any time, if the Minister thinks fit, limit the registration under and for the purposes of this Act of any charity to such activity of the charity as relates to or is concerned with any specified object, area, period of time, or manner of making an appeal for support, and where any such conditions are fixed the charity shall comply in every respect therewith.\nThe Minister shall cause to be given to every charity registered under this Act a certificate in or to the effect of the approved form, and, subject to this Act, every such certificate while it continues in force under this Act, shall be evidence of the matter certified to therein.\nEvery charity registered under this Act shall comply in every respect with the provisions of this Act, and the conditions subject to which its registration is granted.\nThe register of charities (including the entries cancelled when associations are removed from the register) shall be open to public inspection at all reasonable times and copies of entries therein or of extracts therefrom may be made available in accordance with the regulations.\ns 19 amd 1990 No. 80 s 3 sch 6 ; 1995 No. 57 s 4 sch 1 ; 2020 No. 17 s 52\n(sec.19-ssec.1) There shall be a register of charities containing all charities for the time being registered under this Act and in which there shall be entered with respect to such charities such particulars as may be prescribed.\n(sec.19-ssec.5) For the purposes of this Act, the registration of an association as a charity shall embrace every local or affiliated branch or section of the association unless, with the consent of the central body, any such local or affiliated branch or section applies for and is granted registration separately.\n(sec.19-ssec.6) Where a local or affiliated branch or section of a charity which is registered separately from the central body as a charity, is subsequently removed from the register of charities then until the Minister otherwise directs no appeal for support shall be made for that local or affiliated branch or section or for its objects as distinct from an appeal for support for the central body or for the objects of the central body.\n(sec.19-ssec.7) While a charity remains registered under this Act then, subject to this Act and the conditions to which the registration is subjected, any appeal for support for the charity may be made.\n(sec.19-ssec.8) A charity may apply to the chief executive for registration under this Act.\n(sec.19-ssec.9) With every such application there shall be supplied to the chief executive such documents and information as may be prescribed or as the chief executive may require for the purpose of the application.\n(sec.19-ssec.10) The Minister may, before granting any application, make such inquiries with respect to the charity as the Minister thinks fit.\n(sec.19-ssec.11) Every member of the governing body and every officer and member of the charity and any other person shall supply or cause to be supplied all documents in his or her possession or under his or her control or all information within his or her knowledge as is required by the Minister in any inquiry made under subsection (10) .\n(sec.19-ssec.12) Upon consideration of an application under this section, the Minister in the Minister’s discretion may— grant the application; or grant the application subject to such conditions as the Minister thinks fit; or refuse the application.\n(sec.19-ssec.13) However, without derogating from subsection (12) , the Minister before refusing any application under this section shall take into consideration whether the association is a charity, whether the charity is established in good faith as a charity, whether there is a likelihood of its complying with the provisions of this Act including the conditions imposed by or under this Act, whether the charity is or will be properly administered, whether the proposed objects of the charity are already covered by a charity which is registered under this Act, and whether it would be in the public interest to grant such application.\n(sec.19-ssec.14) The Minister may at any time, if the Minister thinks fit, limit the registration under and for the purposes of this Act of any charity to such activity of the charity as relates to or is concerned with any specified object, area, period of time, or manner of making an appeal for support, and where any such conditions are fixed the charity shall comply in every respect therewith.\n(sec.19-ssec.15) The Minister shall cause to be given to every charity registered under this Act a certificate in or to the effect of the approved form, and, subject to this Act, every such certificate while it continues in force under this Act, shall be evidence of the matter certified to therein.\n(sec.19-ssec.16) Every charity registered under this Act shall comply in every respect with the provisions of this Act, and the conditions subject to which its registration is granted.\n(sec.19-ssec.17) The register of charities (including the entries cancelled when associations are removed from the register) shall be open to public inspection at all reasonable times and copies of entries therein or of extracts therefrom may be made available in accordance with the regulations.\n- (a) grant the application; or\n- (b) grant the application subject to such conditions as the Minister thinks fit; or\n- (c) refuse the application.","sortOrder":27},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Patriotic funds","content":"### sec.19A Patriotic funds\n\ns 19A ins 1988 No. 19 s 7\nom 1995 No. 57 s 4 sch 1","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"Restriction on use of charity names","content":"### sec.20 Restriction on use of charity names\n\nA charity shall not use or permit or suffer the use of any name, other than its name appearing for the time being in the register of charities, in connection with any appeal for support made for the charity or for the charity and any other purpose.\nFor the purpose of the registration of a charity, the name of the charity shall be such as, in the opinion of the Minister—\nis not undesirable; or\nis not likely to be confused with or mistaken for a name which already appears for the time being in the register of charities of a charity registered under this Act.\nNotwithstanding anything to the contrary in any other Act or any rule of law, the name appearing in the register of charities of a charity registered under this Act may be identical with or similar to the name of a charity which is not so registered.\nNo charity or association shall use or cause or permit to be used as its name, a name identical with or similar to the name of a charity registered under this Act or a name calculated to mislead the public into believing or to induce the public to believe, that it is one and the same as the charity so registered or that it is associated with the charity so registered.\ns 20 amd 2002 No. 13 s 124 sch\n(sec.20-ssec.1) A charity shall not use or permit or suffer the use of any name, other than its name appearing for the time being in the register of charities, in connection with any appeal for support made for the charity or for the charity and any other purpose.\n(sec.20-ssec.2) For the purpose of the registration of a charity, the name of the charity shall be such as, in the opinion of the Minister— is not undesirable; or is not likely to be confused with or mistaken for a name which already appears for the time being in the register of charities of a charity registered under this Act.\n(sec.20-ssec.3) Notwithstanding anything to the contrary in any other Act or any rule of law, the name appearing in the register of charities of a charity registered under this Act may be identical with or similar to the name of a charity which is not so registered.\n(sec.20-ssec.4) No charity or association shall use or cause or permit to be used as its name, a name identical with or similar to the name of a charity registered under this Act or a name calculated to mislead the public into believing or to induce the public to believe, that it is one and the same as the charity so registered or that it is associated with the charity so registered.\n- (a) is not undesirable; or\n- (b) is not likely to be confused with or mistaken for a name which already appears for the time being in the register of charities of a charity registered under this Act.","sortOrder":29},{"sectionNumber":"sec.21","sectionType":"section","heading":"Effect of, and applications to remove, registration","content":"### sec.21 Effect of, and applications to remove, registration\n\nAny association shall for all purposes be presumed to be or have been a charity at any time when it is or was on the register of charities.\nAny person who is or may be affected by the registration of an association as a charity, may, on the ground that it is not a charity or on any other ground prescribed by the regulations, apply to the Minister for it to be removed from the register; and provision may be made by the regulations as to the manner and time in which any such application is to be made, prosecuted, or dealt with.\ns 21 amd 2022 No. 23 s 51\n(sec.21-ssec.1) Any association shall for all purposes be presumed to be or have been a charity at any time when it is or was on the register of charities.\n(sec.21-ssec.2) Any person who is or may be affected by the registration of an association as a charity, may, on the ground that it is not a charity or on any other ground prescribed by the regulations, apply to the Minister for it to be removed from the register; and provision may be made by the regulations as to the manner and time in which any such application is to be made, prosecuted, or dealt with.","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Removal from the register etc.","content":"### sec.22 Removal from the register etc.\n\nAny association (including any charity) shall be removed from the register of charities and shall thereupon cease to be a charity registered under this Act if at any time—\nit appears to the Minister that it is no longer a charity within the meaning of this Act, or that it should not have been registered as a charity or that it has ceased to exist or has ceased to operate; or\nthe Minister is satisfied that it is not being carried on in good faith as a charity or is not complying with any of the provisions of this Act including any of the conditions imposed by or under this Act, or that it is not being properly administered, or that any failure, without reasonable excuse having been shown to the Minister’s satisfaction has occurred in answering any question, supplying any information, producing any record or lodging any return in accordance with any requirement, direction, or order, notified, given, or made under and for the purposes of this Act, or that it would be in the public interest to remove it from the register; or\nit makes application in writing to the Minister to be removed from the register of charities and the Minister grants that application.\nWithout limiting the power to make regulations under section 47 for these purposes, the regulations may prescribe the manner, notices and conditions, or any of these, which shall have application with respect to any removal from the register of charities.\n(sec.22-ssec.1) Any association (including any charity) shall be removed from the register of charities and shall thereupon cease to be a charity registered under this Act if at any time— it appears to the Minister that it is no longer a charity within the meaning of this Act, or that it should not have been registered as a charity or that it has ceased to exist or has ceased to operate; or the Minister is satisfied that it is not being carried on in good faith as a charity or is not complying with any of the provisions of this Act including any of the conditions imposed by or under this Act, or that it is not being properly administered, or that any failure, without reasonable excuse having been shown to the Minister’s satisfaction has occurred in answering any question, supplying any information, producing any record or lodging any return in accordance with any requirement, direction, or order, notified, given, or made under and for the purposes of this Act, or that it would be in the public interest to remove it from the register; or it makes application in writing to the Minister to be removed from the register of charities and the Minister grants that application.\n(sec.22-ssec.2) Without limiting the power to make regulations under section 47 for these purposes, the regulations may prescribe the manner, notices and conditions, or any of these, which shall have application with respect to any removal from the register of charities.\n- (a) it appears to the Minister that it is no longer a charity within the meaning of this Act, or that it should not have been registered as a charity or that it has ceased to exist or has ceased to operate; or\n- (b) the Minister is satisfied that it is not being carried on in good faith as a charity or is not complying with any of the provisions of this Act including any of the conditions imposed by or under this Act, or that it is not being properly administered, or that any failure, without reasonable excuse having been shown to the Minister’s satisfaction has occurred in answering any question, supplying any information, producing any record or lodging any return in accordance with any requirement, direction, or order, notified, given, or made under and for the purposes of this Act, or that it would be in the public interest to remove it from the register; or\n- (c) it makes application in writing to the Minister to be removed from the register of charities and the Minister grants that application.","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"Effect on certificate of removal from register","content":"### sec.23 Effect on certificate of removal from register\n\nWhere any association (including any charity) is removed under this Act from the register of charities the certificate of registration given under section 19 (15) shall cease to be in force.\ns 23 amd 2020 No. 17 s 53","sortOrder":32},{"sectionNumber":"pt.6A","sectionType":"part","heading":"Registration of particular Commonwealth registered entities","content":"# Registration of particular Commonwealth registered entities","sortOrder":33},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Application of part","content":"### sec.23A Application of part\n\nThis part applies to a Commonwealth registered entity other than an excluded entity.\nIn this part, a reference to a Commonwealth registered entity is a reference to a Commonwealth registered entity to which this part applies under subsection (1) .\nIn this section—\nexcluded entity means—\nThe Council of The Queensland Institute of Medical Research continued in existence under the Queensland Institute of Medical Research Act 2025 ; or\na foundation established under the Hospital Foundations Act 2018 ; or\na local ambulance committee established under the Ambulance Service Act 1991 ; or\na parents and citizens association; or\na religious denomination.\ns 23A ins 2022 No. 23 s 52\namd 2025 No. 23 s 58 sch 2\n(sec.23A-ssec.1) This part applies to a Commonwealth registered entity other than an excluded entity.\n(sec.23A-ssec.2) In this part, a reference to a Commonwealth registered entity is a reference to a Commonwealth registered entity to which this part applies under subsection (1) .\n(sec.23A-ssec.3) In this section— excluded entity means— The Council of The Queensland Institute of Medical Research continued in existence under the Queensland Institute of Medical Research Act 2025 ; or a foundation established under the Hospital Foundations Act 2018 ; or a local ambulance committee established under the Ambulance Service Act 1991 ; or a parents and citizens association; or a religious denomination.\n- (a) The Council of The Queensland Institute of Medical Research continued in existence under the Queensland Institute of Medical Research Act 2025 ; or\n- (b) a foundation established under the Hospital Foundations Act 2018 ; or\n- (c) a local ambulance committee established under the Ambulance Service Act 1991 ; or\n- (d) a parents and citizens association; or\n- (e) a religious denomination.","sortOrder":34},{"sectionNumber":"sec.23B","sectionType":"section","heading":"Commonwealth registered entity taken to be registered as charity","content":"### sec.23B Commonwealth registered entity taken to be registered as charity\n\nThis section applies to a Commonwealth registered entity if—\nthe Minister receives notification that appeals for support for the entity are intended to be made in Queensland; and\nthe giving of the notification in relation to the entity is not prohibited under section 23J (4) .\nThe Commonwealth registered entity is taken to be registered as a charity under this Act.\nHowever, section 19 (1) does not apply in relation to the Commonwealth registered entity.\nNotification under subsection (1) (a) may be given in relation to a Commonwealth registered entity—\nby the entity by notice in the approved form; or\nby the ACNC commissioner acting on behalf of the entity in a way agreed between the commissioner and the Minister.\ns 23B ins 2022 No. 23 s 52\n(sec.23B-ssec.1) This section applies to a Commonwealth registered entity if— the Minister receives notification that appeals for support for the entity are intended to be made in Queensland; and the giving of the notification in relation to the entity is not prohibited under section 23J (4) .\n(sec.23B-ssec.2) The Commonwealth registered entity is taken to be registered as a charity under this Act.\n(sec.23B-ssec.3) However, section 19 (1) does not apply in relation to the Commonwealth registered entity.\n(sec.23B-ssec.4) Notification under subsection (1) (a) may be given in relation to a Commonwealth registered entity— by the entity by notice in the approved form; or by the ACNC commissioner acting on behalf of the entity in a way agreed between the commissioner and the Minister.\n- (a) the Minister receives notification that appeals for support for the entity are intended to be made in Queensland; and\n- (b) the giving of the notification in relation to the entity is not prohibited under section 23J (4) .\n- (a) by the entity by notice in the approved form; or\n- (b) by the ACNC commissioner acting on behalf of the entity in a way agreed between the commissioner and the Minister.","sortOrder":35},{"sectionNumber":"sec.23C","sectionType":"section","heading":"Duration of deemed registration","content":"### sec.23C Duration of deemed registration\n\nThis section applies to a Commonwealth registered entity to which section 23B applies.\nThe Commonwealth registered entity’s deemed registration takes effect on and from the day the Minister receives the notification under section 23B (1) (a) in relation to the entity.\nThe Commonwealth registered entity’s deemed registration ends if—\nthe Minister ends the entity’s deemed registration under section 23I ; or\nthe entity’s registration under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , part 2 -1 is revoked; or\nthe entity gives the Minister notice in the approved form that the entity wishes the entity’s deemed registration to end.\ns 23C ins 2022 No. 23 s 52\n(sec.23C-ssec.1) This section applies to a Commonwealth registered entity to which section 23B applies.\n(sec.23C-ssec.2) The Commonwealth registered entity’s deemed registration takes effect on and from the day the Minister receives the notification under section 23B (1) (a) in relation to the entity.\n(sec.23C-ssec.3) The Commonwealth registered entity’s deemed registration ends if— the Minister ends the entity’s deemed registration under section 23I ; or the entity’s registration under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , part 2 -1 is revoked; or the entity gives the Minister notice in the approved form that the entity wishes the entity’s deemed registration to end.\n- (a) the Minister ends the entity’s deemed registration under section 23I ; or\n- (b) the entity’s registration under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , part 2 -1 is revoked; or\n- (c) the entity gives the Minister notice in the approved form that the entity wishes the entity’s deemed registration to end.","sortOrder":36},{"sectionNumber":"sec.23D","sectionType":"section","heading":"Conditions of deemed registration","content":"### sec.23D Conditions of deemed registration\n\nThe Minister may, by written notice to a deemed registrant, impose conditions on the registrant’s deemed registration.\nA condition may be about—\na particular appeal for support made for the deemed registrant; or\nall appeals for support made for the deemed registrant.\nThe Minister may, by written notice to a deemed registrant, amend or revoke a condition of the registrant’s deemed registration imposed, or taken to have been imposed, under this section.\nSee sections 23E (3) and 23F (3) for conditions that may be taken to have been imposed under this section.\ns 23D ins 2022 No. 23 s 52\n(sec.23D-ssec.1) The Minister may, by written notice to a deemed registrant, impose conditions on the registrant’s deemed registration.\n(sec.23D-ssec.2) A condition may be about— a particular appeal for support made for the deemed registrant; or all appeals for support made for the deemed registrant.\n(sec.23D-ssec.3) The Minister may, by written notice to a deemed registrant, amend or revoke a condition of the registrant’s deemed registration imposed, or taken to have been imposed, under this section. See sections 23E (3) and 23F (3) for conditions that may be taken to have been imposed under this section.\n- (a) a particular appeal for support made for the deemed registrant; or\n- (b) all appeals for support made for the deemed registrant.","sortOrder":37},{"sectionNumber":"sec.23E","sectionType":"section","heading":"Pre-existing registration","content":"### sec.23E Pre-existing registration\n\nThis section applies if, immediately before a Commonwealth registered entity becomes a deemed registrant, the entity is registered as a charity under this Act.\nOn the Commonwealth registered entity becoming a deemed registrant—\nthe entity’s registration mentioned in subsection (1) (the pre-existing registration ) ends; and\nsection 19 (1) no longer applies in relation to the entity.\nAny condition of the pre-existing registration imposed under section 19 (12) (b) is taken to be imposed under section 23D as a condition of the Commonwealth registered entity’s deemed registration.\nThe Minister may reinstate the pre-existing registration for the Commonwealth registered entity if the entity’s deemed registration ends—\nunder section 23C (3) (b) in the circumstances that the entity’s registration under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , part 2 -1 is revoked as a result of the entity requesting, under section 35 -10(1)(e) of that Act, that the registration be revoked; or\nunder section 23C (3) (c) .\nA pre-existing registration reinstated under subsection (4) —\nhas the same effect as registration granted under section 19 ; and\nis subject to the conditions (if any) mentioned in subsection (3) .\ns 23E ins 2022 No. 23 s 52\n(sec.23E-ssec.1) This section applies if, immediately before a Commonwealth registered entity becomes a deemed registrant, the entity is registered as a charity under this Act.\n(sec.23E-ssec.2) On the Commonwealth registered entity becoming a deemed registrant— the entity’s registration mentioned in subsection (1) (the pre-existing registration ) ends; and section 19 (1) no longer applies in relation to the entity.\n(sec.23E-ssec.3) Any condition of the pre-existing registration imposed under section 19 (12) (b) is taken to be imposed under section 23D as a condition of the Commonwealth registered entity’s deemed registration.\n(sec.23E-ssec.4) The Minister may reinstate the pre-existing registration for the Commonwealth registered entity if the entity’s deemed registration ends— under section 23C (3) (b) in the circumstances that the entity’s registration under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , part 2 -1 is revoked as a result of the entity requesting, under section 35 -10(1)(e) of that Act, that the registration be revoked; or under section 23C (3) (c) .\n(sec.23E-ssec.5) A pre-existing registration reinstated under subsection (4) — has the same effect as registration granted under section 19 ; and is subject to the conditions (if any) mentioned in subsection (3) .\n- (a) the entity’s registration mentioned in subsection (1) (the pre-existing registration ) ends; and\n- (b) section 19 (1) no longer applies in relation to the entity.\n- (a) under section 23C (3) (b) in the circumstances that the entity’s registration under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , part 2 -1 is revoked as a result of the entity requesting, under section 35 -10(1)(e) of that Act, that the registration be revoked; or\n- (b) under section 23C (3) (c) .\n- (a) has the same effect as registration granted under section 19 ; and\n- (b) is subject to the conditions (if any) mentioned in subsection (3) .","sortOrder":38},{"sectionNumber":"sec.23F","sectionType":"section","heading":"Pre-existing sanction","content":"### sec.23F Pre-existing sanction\n\nThis section applies if, immediately before a Commonwealth registered entity becomes a deemed registrant, a sanction is in force under section 12 (1) for the entity.\nOn the Commonwealth registered entity becoming a deemed registrant, the sanction (the pre-existing sanction ) is revoked.\nAny condition subject to which the pre-existing sanction was given under section 12 is taken to be imposed under section 23D as a condition of the Commonwealth registered entity’s deemed registration.\nThe Minister may reinstate the pre-existing sanction for the Commonwealth registered entity if the entity’s deemed registration ends—\nunder section 23C (3) (b) in the circumstances that the entity’s registration under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , part 2 -1 is revoked as a result of the entity requesting, under section 35 -10(1)(e) of that Act, that the registration be revoked; or\nunder section 23C (3) (c) .\nA pre-existing sanction reinstated under subsection (4) —\nhas the same effect as a sanction granted under section 12 ; and\nis subject to the conditions (if any) mentioned in subsection (3) .\ns 23F ins 2022 No. 23 s 52\n(sec.23F-ssec.1) This section applies if, immediately before a Commonwealth registered entity becomes a deemed registrant, a sanction is in force under section 12 (1) for the entity.\n(sec.23F-ssec.2) On the Commonwealth registered entity becoming a deemed registrant, the sanction (the pre-existing sanction ) is revoked.\n(sec.23F-ssec.3) Any condition subject to which the pre-existing sanction was given under section 12 is taken to be imposed under section 23D as a condition of the Commonwealth registered entity’s deemed registration.\n(sec.23F-ssec.4) The Minister may reinstate the pre-existing sanction for the Commonwealth registered entity if the entity’s deemed registration ends— under section 23C (3) (b) in the circumstances that the entity’s registration under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , part 2 -1 is revoked as a result of the entity requesting, under section 35 -10(1)(e) of that Act, that the registration be revoked; or under section 23C (3) (c) .\n(sec.23F-ssec.5) A pre-existing sanction reinstated under subsection (4) — has the same effect as a sanction granted under section 12 ; and is subject to the conditions (if any) mentioned in subsection (3) .\n- (a) under section 23C (3) (b) in the circumstances that the entity’s registration under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , part 2 -1 is revoked as a result of the entity requesting, under section 35 -10(1)(e) of that Act, that the registration be revoked; or\n- (b) under section 23C (3) (c) .\n- (a) has the same effect as a sanction granted under section 12 ; and\n- (b) is subject to the conditions (if any) mentioned in subsection (3) .","sortOrder":39},{"sectionNumber":"sec.23G","sectionType":"section","heading":"Application of particular pre-existing decisions by the Minister to deemed registrant","content":"### sec.23G Application of particular pre-existing decisions by the Minister to deemed registrant\n\nThis section applies to a Commonwealth registered entity that, immediately before becoming a deemed registrant, had—\npre-existing registration under section 23E ; or\na pre-existing sanction under section 23F .\nAny decision of the Minister made in relation to the Commonwealth registered entity’s pre-existing registration or pre-existing sanction is taken to have been made in relation to the entity’s deemed registration.\nWithout limiting subsection (2) , any of the following decisions for the Commonwealth registered entity’s pre-existing registration or pre-existing sanction becomes a decision for the entity’s deemed registration—\nan assignment of a day by the Minister under section 15 (4) (c) to the entity;\nan assignment of a day by the Minister under section 16 (4) (c) to the entity;\nan approval by the Minister of a written agreement between the entity and a person allowing the person to make or assist in making, an appeal for support for the entity for commission or in expectation of reward;\nfor a pre-existing sanction—an approval by the Minister under section 11 (1) (b) (ii) of a person as the promoter of an appeal for support.\ns 23G ins 2022 No. 23 s 52\n(sec.23G-ssec.1) This section applies to a Commonwealth registered entity that, immediately before becoming a deemed registrant, had— pre-existing registration under section 23E ; or a pre-existing sanction under section 23F .\n(sec.23G-ssec.2) Any decision of the Minister made in relation to the Commonwealth registered entity’s pre-existing registration or pre-existing sanction is taken to have been made in relation to the entity’s deemed registration.\n(sec.23G-ssec.3) Without limiting subsection (2) , any of the following decisions for the Commonwealth registered entity’s pre-existing registration or pre-existing sanction becomes a decision for the entity’s deemed registration— an assignment of a day by the Minister under section 15 (4) (c) to the entity; an assignment of a day by the Minister under section 16 (4) (c) to the entity; an approval by the Minister of a written agreement between the entity and a person allowing the person to make or assist in making, an appeal for support for the entity for commission or in expectation of reward; for a pre-existing sanction—an approval by the Minister under section 11 (1) (b) (ii) of a person as the promoter of an appeal for support.\n- (a) pre-existing registration under section 23E ; or\n- (b) a pre-existing sanction under section 23F .\n- (a) an assignment of a day by the Minister under section 15 (4) (c) to the entity;\n- (b) an assignment of a day by the Minister under section 16 (4) (c) to the entity;\n- (c) an approval by the Minister of a written agreement between the entity and a person allowing the person to make or assist in making, an appeal for support for the entity for commission or in expectation of reward;\n- (d) for a pre-existing sanction—an approval by the Minister under section 11 (1) (b) (ii) of a person as the promoter of an appeal for support.","sortOrder":40},{"sectionNumber":"sec.23H","sectionType":"section","heading":"Particular applications deemed registrants may not make","content":"### sec.23H Particular applications deemed registrants may not make\n\nA deemed registrant may not apply—\nfor a sanction under section 12 ; or\nfor registration as a charity under section 19 .\ns 23H ins 2022 No. 23 s 52\n- (a) for a sanction under section 12 ; or\n- (b) for registration as a charity under section 19 .","sortOrder":41},{"sectionNumber":"sec.23I","sectionType":"section","heading":"Minister may end deemed registration","content":"### sec.23I Minister may end deemed registration\n\nThe Minister may, by written notice to a deemed registrant, end the registrant’s deemed registration if satisfied that—\nthe registrant has contravened a provision of this Act; or\nthe proceeds of an appeal for support made for the registrant in Queensland have been mismanaged or misapplied; or\nthe registrant has contravened a condition of the registrant’s deemed registration; or\nother circumstances justify the ending of the deemed registration.\nBefore ending a deemed registrant’s deemed registration, the Minister must—\ngive the registrant’s governing body a written notice—\nstating that the Minister is considering whether to end the registrant’s deemed registration and the reasons the Minister is considering doing so; and\ninviting the registrant to make a submission on the proposed ending of the deemed registration within the period stated in the notice; and\nconsider any submission made by the registrant within the stated time.\nThe Minister must not state in a notice given under subsection (2) (a) a period of less than 14 days after the notice is given.\ns 23I ins 2022 No. 23 s 52\n(sec.23I-ssec.1) The Minister may, by written notice to a deemed registrant, end the registrant’s deemed registration if satisfied that— the registrant has contravened a provision of this Act; or the proceeds of an appeal for support made for the registrant in Queensland have been mismanaged or misapplied; or the registrant has contravened a condition of the registrant’s deemed registration; or other circumstances justify the ending of the deemed registration.\n(sec.23I-ssec.2) Before ending a deemed registrant’s deemed registration, the Minister must— give the registrant’s governing body a written notice— stating that the Minister is considering whether to end the registrant’s deemed registration and the reasons the Minister is considering doing so; and inviting the registrant to make a submission on the proposed ending of the deemed registration within the period stated in the notice; and consider any submission made by the registrant within the stated time.\n(sec.23I-ssec.3) The Minister must not state in a notice given under subsection (2) (a) a period of less than 14 days after the notice is given.\n- (a) the registrant has contravened a provision of this Act; or\n- (b) the proceeds of an appeal for support made for the registrant in Queensland have been mismanaged or misapplied; or\n- (c) the registrant has contravened a condition of the registrant’s deemed registration; or\n- (d) other circumstances justify the ending of the deemed registration.\n- (a) give the registrant’s governing body a written notice— (i) stating that the Minister is considering whether to end the registrant’s deemed registration and the reasons the Minister is considering doing so; and (ii) inviting the registrant to make a submission on the proposed ending of the deemed registration within the period stated in the notice; and\n- (i) stating that the Minister is considering whether to end the registrant’s deemed registration and the reasons the Minister is considering doing so; and\n- (ii) inviting the registrant to make a submission on the proposed ending of the deemed registration within the period stated in the notice; and\n- (b) consider any submission made by the registrant within the stated time.\n- (i) stating that the Minister is considering whether to end the registrant’s deemed registration and the reasons the Minister is considering doing so; and\n- (ii) inviting the registrant to make a submission on the proposed ending of the deemed registration within the period stated in the notice; and","sortOrder":42},{"sectionNumber":"sec.23J","sectionType":"section","heading":"Effect of end of deemed registration","content":"### sec.23J Effect of end of deemed registration\n\nThis section applies if the Minister ends a Commonwealth registered entity’s deemed registration under section 23I .\nWithin 1 month after the deemed registration ends, the Commonwealth registered entity must give the Minister records of all appeals for support made for the entity in Queensland.\nThe Commonwealth registered entity must not, without the Minister’s written consent, distribute or deal with any asset obtained as a result of any appeal for support made for the entity in Queensland while its deemed registration was in effect.\nThe Minister may prohibit the giving of notification under section 23B (1) (a) in relation to the Commonwealth registered entity—\nfor a period stated by the Minister; or\nuntil the Minister advises that notification in relation to the entity may be given under section 23B (1) (a) by written notice to the entity.\nThe Minister must give a copy of the notice given under subsection (4) (b) to the ACNC commissioner.\ns 23J ins 2022 No. 23 s 52\n(sec.23J-ssec.1) This section applies if the Minister ends a Commonwealth registered entity’s deemed registration under section 23I .\n(sec.23J-ssec.2) Within 1 month after the deemed registration ends, the Commonwealth registered entity must give the Minister records of all appeals for support made for the entity in Queensland.\n(sec.23J-ssec.3) The Commonwealth registered entity must not, without the Minister’s written consent, distribute or deal with any asset obtained as a result of any appeal for support made for the entity in Queensland while its deemed registration was in effect.\n(sec.23J-ssec.4) The Minister may prohibit the giving of notification under section 23B (1) (a) in relation to the Commonwealth registered entity— for a period stated by the Minister; or until the Minister advises that notification in relation to the entity may be given under section 23B (1) (a) by written notice to the entity.\n(sec.23J-ssec.5) The Minister must give a copy of the notice given under subsection (4) (b) to the ACNC commissioner.\n- (a) for a period stated by the Minister; or\n- (b) until the Minister advises that notification in relation to the entity may be given under section 23B (1) (a) by written notice to the entity.","sortOrder":43},{"sectionNumber":"sec.23K","sectionType":"section","heading":"List of deemed registrants","content":"### sec.23K List of deemed registrants\n\nThe chief executive may publish on the department’s website a list of the names of deemed registrants.\nIf a Commonwealth registered entity’s deemed registration ends under section 23C (3) the chief executive must update the list of names of deemed registrants accordingly.\ns 23K ins 2022 No. 23 s 52\n(sec.23K-ssec.1) The chief executive may publish on the department’s website a list of the names of deemed registrants.\n(sec.23K-ssec.2) If a Commonwealth registered entity’s deemed registration ends under section 23C (3) the chief executive must update the list of names of deemed registrants accordingly.","sortOrder":44},{"sectionNumber":"sec.23L","sectionType":"section","heading":"Application of Act to deemed registrants","content":"### sec.23L Application of Act to deemed registrants\n\nThis Act, other than the excluded provisions, applies in relation to a deemed registrant in the same way the Act applies in relation to a charity or a charity registered under this Act.\nFor applying subsection (1) , to the extent the context permits—\na reference to a charity is taken to include a reference to a deemed registrant; and\na reference to a charity registered under this Act is taken to include a reference to a deemed registrant; and\na reference to registered, in relation to a deemed registrant, is taken to be a reference to registration under section 23B .\nIn this section—\nexcluded provisions means—\nparts 5 and 6 and section 29 ; and\na provision of a regulation made under this Act declared by the regulation to be a provision to which section 23L of this Act does not apply.\ns 23L ins 2022 No. 23 s 52\n(sec.23L-ssec.1) This Act, other than the excluded provisions, applies in relation to a deemed registrant in the same way the Act applies in relation to a charity or a charity registered under this Act.\n(sec.23L-ssec.2) For applying subsection (1) , to the extent the context permits— a reference to a charity is taken to include a reference to a deemed registrant; and a reference to a charity registered under this Act is taken to include a reference to a deemed registrant; and a reference to registered, in relation to a deemed registrant, is taken to be a reference to registration under section 23B .\n(sec.23L-ssec.3) In this section— excluded provisions means— parts 5 and 6 and section 29 ; and a provision of a regulation made under this Act declared by the regulation to be a provision to which section 23L of this Act does not apply.\n- (a) a reference to a charity is taken to include a reference to a deemed registrant; and\n- (b) a reference to a charity registered under this Act is taken to include a reference to a deemed registrant; and\n- (c) a reference to registered, in relation to a deemed registrant, is taken to be a reference to registration under section 23B .\n- (a) parts 5 and 6 and section 29 ; and\n- (b) a provision of a regulation made under this Act declared by the regulation to be a provision to which section 23L of this Act does not apply.","sortOrder":45},{"sectionNumber":"sec.23M","sectionType":"section","heading":"Application of other Acts to deemed registrants","content":"### sec.23M Application of other Acts to deemed registrants\n\nTo the extent the context permits, a reference in a provision of another Act to a charity registered under this Act is taken to include a reference to a deemed registrant under this Act.\ns 23M ins 2022 No. 23 s 52","sortOrder":46},{"sectionNumber":"sec.23N","sectionType":"section","heading":"Special provision about conducting games","content":"### sec.23N Special provision about conducting games\n\nA deemed registrant’s deemed registration does not confer an authorisation on the registrant to conduct a game under the Charitable and Non-Profit Gaming Act 1999 .\nSubsection (1) does not prevent the deemed registrant lawfully conducting a game under the Charitable and Non-Profit Gaming Act 1999 .\nSection 13 does not apply to an appeal for support for a deemed registrant that consists only of conducting a game under the Charitable and Non-Profit Gaming Act 1999 .\ns 23N ins 2022 No. 23 s 52\n(sec.23N-ssec.1) A deemed registrant’s deemed registration does not confer an authorisation on the registrant to conduct a game under the Charitable and Non-Profit Gaming Act 1999 .\n(sec.23N-ssec.2) Subsection (1) does not prevent the deemed registrant lawfully conducting a game under the Charitable and Non-Profit Gaming Act 1999 .\n(sec.23N-ssec.3) Section 13 does not apply to an appeal for support for a deemed registrant that consists only of conducting a game under the Charitable and Non-Profit Gaming Act 1999 .","sortOrder":47},{"sectionNumber":"pt.7","sectionType":"part","heading":"Information, investigations, records, audit, and returns","content":"# Information, investigations, records, audit, and returns","sortOrder":48},{"sectionNumber":"sec.24","sectionType":"section","heading":"Information etc. may be obtained on any aspect of an appeal for support","content":"### sec.24 Information etc. may be obtained on any aspect of an appeal for support\n\nWhere by any provision of this part, power is conferred upon any person to require the answering of any question or the supplying of any information, or the production of any record, or the lodgement of any return in relation to any appeal for support, then, without limiting the generality of the aforegoing, that power shall be deemed to include power to require the answering of any question or the supplying of any information, or the production of any record, or the lodgement of any return, as the case may be, in relation to the administration and management of the association (if any) making or causing to be made the appeal for support or for whose objects or purposes the appeal is made, the receipts and expenditure associated with the appeal, and the administration management, and application of moneys and property resulting from the appeal for support.","sortOrder":49},{"sectionNumber":"sec.25","sectionType":"section","heading":"Obtaining of information","content":"### sec.25 Obtaining of information\n\nUpon receipt of any application under this Act, the Minister or chief executive may, if the Minister or chief executive thinks it necessary or desirable so to do, require the applicant to supply such information, in addition to the information to be contained in the application and accompanying documents (if any) as the Minister or chief executive considers necessary and, without limiting any other provision of this Act whereby power is conferred to refuse the application, the application may be refused by reason of the failure to supply the additional information required.\nThe Minister, chief executive or any inspector at any time, and from time to time, in relation to any appeal for support for any purpose whether a purpose to which part 3 applies or not, or in relation to any charity or any association whose objects are a community purpose, verbally or by notice in writing, may require any person specified in subsection (3) —\nto answer any question or to supply such information as required;\nproduce all or any records as required;\nlodge all or any returns as required.\nAny requirement under subsection (2) may be addressed to any of the following persons—\nwhere the appeal for support is made for a charity or the purpose of any association or where an association is the promoter or in the case of any charity or any association as aforesaid—any person who is or at any time was a member of the governing body thereof;\nin the case of any appeal for support—the promoter and any person assisting or who has assisted in the making of, or is taking part or has taken part in, the appeal for support;\nany person who is or was a trustee of moneys or property resulting from the appeal;\nany person who is or was handling moneys or property received in the appeal;\nany person who is or was in the beneficial receipt of any moneys or property from the appeal;\nthe manager or other principal officer of any financial institution with which any moneys received in or resulting from the appeal or with which any moneys of the charity or association, as the case may be, are or have been deposited;\nin any case—any other person who, in the opinion of the Minister, chief executive or inspector may be in a position to answer the question or supply the information;\nwhere any record is required to be produced—any person having the custody or control of the record;\nwhere any return is required to be lodged—any person liable or who, in the opinion of the Minister, chief executive or inspector, is in a position to lodge the return.\ns 25 amd 1981 No. 34 s 4 ; 1989 No. 6 s 5 ; 1989 No. 103 s 3 sch ; 1990 No. 80 s 3 sch 6 ; 1992 No. 12 s 66 sch ; 1993 No. 32 s 3 sch 1 ; 2000 No. 5 s 461 sch 3\n(sec.25-ssec.1) Upon receipt of any application under this Act, the Minister or chief executive may, if the Minister or chief executive thinks it necessary or desirable so to do, require the applicant to supply such information, in addition to the information to be contained in the application and accompanying documents (if any) as the Minister or chief executive considers necessary and, without limiting any other provision of this Act whereby power is conferred to refuse the application, the application may be refused by reason of the failure to supply the additional information required.\n(sec.25-ssec.2) The Minister, chief executive or any inspector at any time, and from time to time, in relation to any appeal for support for any purpose whether a purpose to which part 3 applies or not, or in relation to any charity or any association whose objects are a community purpose, verbally or by notice in writing, may require any person specified in subsection (3) — to answer any question or to supply such information as required; produce all or any records as required; lodge all or any returns as required.\n(sec.25-ssec.3) Any requirement under subsection (2) may be addressed to any of the following persons— where the appeal for support is made for a charity or the purpose of any association or where an association is the promoter or in the case of any charity or any association as aforesaid—any person who is or at any time was a member of the governing body thereof; in the case of any appeal for support—the promoter and any person assisting or who has assisted in the making of, or is taking part or has taken part in, the appeal for support; any person who is or was a trustee of moneys or property resulting from the appeal; any person who is or was handling moneys or property received in the appeal; any person who is or was in the beneficial receipt of any moneys or property from the appeal; the manager or other principal officer of any financial institution with which any moneys received in or resulting from the appeal or with which any moneys of the charity or association, as the case may be, are or have been deposited; in any case—any other person who, in the opinion of the Minister, chief executive or inspector may be in a position to answer the question or supply the information; where any record is required to be produced—any person having the custody or control of the record; where any return is required to be lodged—any person liable or who, in the opinion of the Minister, chief executive or inspector, is in a position to lodge the return.\n- (a) to answer any question or to supply such information as required;\n- (b) produce all or any records as required;\n- (c) lodge all or any returns as required.\n- (a) where the appeal for support is made for a charity or the purpose of any association or where an association is the promoter or in the case of any charity or any association as aforesaid—any person who is or at any time was a member of the governing body thereof;\n- (b) in the case of any appeal for support—the promoter and any person assisting or who has assisted in the making of, or is taking part or has taken part in, the appeal for support;\n- (c) any person who is or was a trustee of moneys or property resulting from the appeal;\n- (d) any person who is or was handling moneys or property received in the appeal;\n- (e) any person who is or was in the beneficial receipt of any moneys or property from the appeal;\n- (f) the manager or other principal officer of any financial institution with which any moneys received in or resulting from the appeal or with which any moneys of the charity or association, as the case may be, are or have been deposited;\n- (g) in any case—any other person who, in the opinion of the Minister, chief executive or inspector may be in a position to answer the question or supply the information;\n- (h) where any record is required to be produced—any person having the custody or control of the record;\n- (i) where any return is required to be lodged—any person liable or who, in the opinion of the Minister, chief executive or inspector, is in a position to lodge the return.","sortOrder":50},{"sectionNumber":"sec.26","sectionType":"section","heading":"Further powers of inspector","content":"### sec.26 Further powers of inspector\n\nWithout derogating from an inspector’s powers under any other provision of this Act, an inspector for the purposes of this Act may at any time and from time to time—\nenter any premises from which any appeal for support for any purpose referred to in section 25 (2) is being made or to be made or where any record relating to that appeal is or is reasonably suspected to be;\nmake such examination and inquiry as the inspector considers necessary to ascertain whether the provisions of this Act and any determination, direction, or requirement thereunder are being complied with;\nrequire any person who has the custody or control of any record relating to any appeal for support as aforesaid to produce for the inspector’s inspection, examination, or audit that record;\nrequire the manager or other principal officer of any financial institution with which any moneys received in or resulting from any such appeal for support are deposited, whether such moneys are deposited in a separate account or in an account with other moneys, to disclose each and every such account to the inspector and to permit the inspector to inspect and make and take away with the inspector a copy of or an extract from each and every such account;\nrequire any person concerned in making any appeal for support as aforesaid or any person referred to in section 25 (3) to attend before the inspector at a time and place named and then and there to be examined in relation to all or any matters whatsoever relating to the appeal for support;\nexamine any person attending pursuant to paragraph (e) and any person voluntarily attending before the inspector;\ncall to the inspector’s aid any person the inspector may think competent to assist the inspector in the exercise of any power aforesaid;\nrequire any person in possession of money or property raised by or resulting from an appeal for support or used in the conduct of an appeal for support to produce that money or that property;\nrequire any person in possession of any document, money, property, item of value or other thing which, in any case, the inspector has reason to believe, may be required as evidence in proceedings for an offence to produce that document, money, item of value or other thing;\nseize and remove any document, money, property, item of value or other thing—\nwhich in any case, the inspector has reason to believe, may be required as evidence in proceedings for an offence;\nraised by or resulting from or used in the conduct of an appeal for support;\nexercise such other powers as may be prescribed.\nNo person shall be obliged to travel to attend before an inspector more than 16km from the person’s place of abode without previously having been tendered such sum as is prescribed for the person’s travelling expenses and attendance.\nWithout limiting the power to make regulations under section 47 , the regulations may prescribe rates of allowances for travelling expenses and attendance of any persons who are required to attend before an inspector.\nThe power of entry conferred by subsection (1) does not include power to enter a building used solely as a private residence or to enter any part of a building that is so used save under the authority of a warrant.\ns 26 amd 1972 No. 31 s 6 sch 1 ; 1981 No. 34 s 5 ; 1989 No. 6 s 6 ; 1992 No. 12 s 66 sch ; 1993 No. 32 s 3 sch 1 ; 2000 No. 5 s 461 sch 3\n(sec.26-ssec.1) Without derogating from an inspector’s powers under any other provision of this Act, an inspector for the purposes of this Act may at any time and from time to time— enter any premises from which any appeal for support for any purpose referred to in section 25 (2) is being made or to be made or where any record relating to that appeal is or is reasonably suspected to be; make such examination and inquiry as the inspector considers necessary to ascertain whether the provisions of this Act and any determination, direction, or requirement thereunder are being complied with; require any person who has the custody or control of any record relating to any appeal for support as aforesaid to produce for the inspector’s inspection, examination, or audit that record; require the manager or other principal officer of any financial institution with which any moneys received in or resulting from any such appeal for support are deposited, whether such moneys are deposited in a separate account or in an account with other moneys, to disclose each and every such account to the inspector and to permit the inspector to inspect and make and take away with the inspector a copy of or an extract from each and every such account; require any person concerned in making any appeal for support as aforesaid or any person referred to in section 25 (3) to attend before the inspector at a time and place named and then and there to be examined in relation to all or any matters whatsoever relating to the appeal for support; examine any person attending pursuant to paragraph (e) and any person voluntarily attending before the inspector; call to the inspector’s aid any person the inspector may think competent to assist the inspector in the exercise of any power aforesaid; require any person in possession of money or property raised by or resulting from an appeal for support or used in the conduct of an appeal for support to produce that money or that property; require any person in possession of any document, money, property, item of value or other thing which, in any case, the inspector has reason to believe, may be required as evidence in proceedings for an offence to produce that document, money, item of value or other thing; seize and remove any document, money, property, item of value or other thing— which in any case, the inspector has reason to believe, may be required as evidence in proceedings for an offence; raised by or resulting from or used in the conduct of an appeal for support; exercise such other powers as may be prescribed.\n(sec.26-ssec.2) No person shall be obliged to travel to attend before an inspector more than 16km from the person’s place of abode without previously having been tendered such sum as is prescribed for the person’s travelling expenses and attendance.\n(sec.26-ssec.3) Without limiting the power to make regulations under section 47 , the regulations may prescribe rates of allowances for travelling expenses and attendance of any persons who are required to attend before an inspector.\n(sec.26-ssec.4) The power of entry conferred by subsection (1) does not include power to enter a building used solely as a private residence or to enter any part of a building that is so used save under the authority of a warrant.\n- (a) enter any premises from which any appeal for support for any purpose referred to in section 25 (2) is being made or to be made or where any record relating to that appeal is or is reasonably suspected to be;\n- (b) make such examination and inquiry as the inspector considers necessary to ascertain whether the provisions of this Act and any determination, direction, or requirement thereunder are being complied with;\n- (c) require any person who has the custody or control of any record relating to any appeal for support as aforesaid to produce for the inspector’s inspection, examination, or audit that record;\n- (d) require the manager or other principal officer of any financial institution with which any moneys received in or resulting from any such appeal for support are deposited, whether such moneys are deposited in a separate account or in an account with other moneys, to disclose each and every such account to the inspector and to permit the inspector to inspect and make and take away with the inspector a copy of or an extract from each and every such account;\n- (e) require any person concerned in making any appeal for support as aforesaid or any person referred to in section 25 (3) to attend before the inspector at a time and place named and then and there to be examined in relation to all or any matters whatsoever relating to the appeal for support;\n- (f) examine any person attending pursuant to paragraph (e) and any person voluntarily attending before the inspector;\n- (g) call to the inspector’s aid any person the inspector may think competent to assist the inspector in the exercise of any power aforesaid;\n- (ga) require any person in possession of money or property raised by or resulting from an appeal for support or used in the conduct of an appeal for support to produce that money or that property;\n- (gb) require any person in possession of any document, money, property, item of value or other thing which, in any case, the inspector has reason to believe, may be required as evidence in proceedings for an offence to produce that document, money, item of value or other thing;\n- (gc) seize and remove any document, money, property, item of value or other thing— (i) which in any case, the inspector has reason to believe, may be required as evidence in proceedings for an offence; (ii) raised by or resulting from or used in the conduct of an appeal for support;\n- (i) which in any case, the inspector has reason to believe, may be required as evidence in proceedings for an offence;\n- (ii) raised by or resulting from or used in the conduct of an appeal for support;\n- (h) exercise such other powers as may be prescribed.\n- (i) which in any case, the inspector has reason to believe, may be required as evidence in proceedings for an offence;\n- (ii) raised by or resulting from or used in the conduct of an appeal for support;","sortOrder":51},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Warrant to enter premises","content":"### sec.26A Warrant to enter premises\n\nA justice of the peace who is satisfied upon a complaint on oath that there is reasonable ground for suspecting that an offence against this Act is being, has been or is about to be committed on any premises may issue a warrant authorising an inspector to enter the premises specified in the warrant.\nA warrant shall be, for a period of 14 days from the date of its issue, sufficient authority—\nfor an inspector—\nto enter the premises specified in the warrant; and\nto exercise therein in relation thereto the powers conferred by section 26 ;\nand for those purposes to use such force as is reasonable; and\nto use such force as may be reasonably necessary to perform any of the things referred to in this section.\ns 26A ins 1981 No. 34 s 6\namd 1989 No. 103 s 3 sch ; 2000 No. 5 s 461 sch 3\n(sec.26A-ssec.1) A justice of the peace who is satisfied upon a complaint on oath that there is reasonable ground for suspecting that an offence against this Act is being, has been or is about to be committed on any premises may issue a warrant authorising an inspector to enter the premises specified in the warrant.\n(sec.26A-ssec.2) A warrant shall be, for a period of 14 days from the date of its issue, sufficient authority— for an inspector— to enter the premises specified in the warrant; and to exercise therein in relation thereto the powers conferred by section 26 ; and for those purposes to use such force as is reasonable; and to use such force as may be reasonably necessary to perform any of the things referred to in this section.\n- (a) for an inspector— (i) to enter the premises specified in the warrant; and (ii) to exercise therein in relation thereto the powers conferred by section 26 ; and for those purposes to use such force as is reasonable; and\n- (i) to enter the premises specified in the warrant; and\n- (ii) to exercise therein in relation thereto the powers conferred by section 26 ;\n- (c) to use such force as may be reasonably necessary to perform any of the things referred to in this section.\n- (i) to enter the premises specified in the warrant; and\n- (ii) to exercise therein in relation thereto the powers conferred by section 26 ;","sortOrder":52},{"sectionNumber":"sec.27","sectionType":"section","heading":"Investigations","content":"### sec.27 Investigations\n\nThe Minister may at any time and from time to time cause an investigation to be made into—\nany charity registered under this Act, including the nature and objects and administration thereof, and the application of the estates, funds, property, and income belonging thereto;\nany association for the objects of which any appeal for support has been or is sanctioned under this Act, including the nature and objects and administration thereof, and the application of the estates, funds, property, and income belonging thereto;\nany appeal for support for any purpose referred to in section 25 (2) .\nThe Minister may cause any such investigation to be made by an inspector or by any other person (who shall for the purposes thereof have all the powers of and shall be deemed an inspector) appointed in writing by the Minister in that behalf.\nAt the conclusion of any investigation pursuant to this section, the person conducting the investigation shall make a report in writing thereon to the Minister who may publish such report and in such manner as the Minister thinks fit.\ns 27 amd 1981 No. 34 s 7 ; 2000 No. 5 s 461 sch 3 ; 2022 No. 23 s 53\n(sec.27-ssec.1) The Minister may at any time and from time to time cause an investigation to be made into— any charity registered under this Act, including the nature and objects and administration thereof, and the application of the estates, funds, property, and income belonging thereto; any association for the objects of which any appeal for support has been or is sanctioned under this Act, including the nature and objects and administration thereof, and the application of the estates, funds, property, and income belonging thereto; any appeal for support for any purpose referred to in section 25 (2) .\n(sec.27-ssec.2) The Minister may cause any such investigation to be made by an inspector or by any other person (who shall for the purposes thereof have all the powers of and shall be deemed an inspector) appointed in writing by the Minister in that behalf.\n(sec.27-ssec.3) At the conclusion of any investigation pursuant to this section, the person conducting the investigation shall make a report in writing thereon to the Minister who may publish such report and in such manner as the Minister thinks fit.\n- (a) any charity registered under this Act, including the nature and objects and administration thereof, and the application of the estates, funds, property, and income belonging thereto;\n- (b) any association for the objects of which any appeal for support has been or is sanctioned under this Act, including the nature and objects and administration thereof, and the application of the estates, funds, property, and income belonging thereto;\n- (c) any appeal for support for any purpose referred to in section 25 (2) .","sortOrder":53},{"sectionNumber":"sec.28","sectionType":"section","heading":"Powers in relation to records produced","content":"### sec.28 Powers in relation to records produced\n\nThe Minister, chief executive, inspector or other person to whom any record or return is produced or lodged pursuant to any requirement or direction or order under this Act, save where under the circumstances the person producing or lodging the record or return is not entitled to have it returned to the person, may—\nexamine the same and take copies thereof, or make extracts therefrom;\nretain the same for such time as the person considers sufficient to enable it to be examined by any other person the person thinks competent to do so, or for any purpose as specified in paragraph (a) , or for the purpose of making further inquiries in relation thereto, or retain the same for the purpose of any legal proceedings.\ns 28 amd 1981 No. 34 s 8 ; 1990 No. 80 s 3 sch 6\n- (a) examine the same and take copies thereof, or make extracts therefrom;\n- (b) retain the same for such time as the person considers sufficient to enable it to be examined by any other person the person thinks competent to do so, or for any purpose as specified in paragraph (a) , or for the purpose of making further inquiries in relation thereto, or retain the same for the purpose of any legal proceedings.","sortOrder":54},{"sectionNumber":"sec.29","sectionType":"section","heading":"Constitution of charity etc.","content":"### sec.29 Constitution of charity etc.\n\nEvery application for the registration under this Act of a charity, and every application by an association whose objects are a community purpose, for the sanctioning under this Act of that community purpose, shall be accompanied by an up-to-date copy of the constitution thereof certified to in writing as a true and correct copy thereof by any 2 members of the governing body thereof.\nThe governing body of each charity registered under this Act and the governing body of each association whose objects are a community purpose which is sanctioned under this Act shall—\nlodge with the chief executive every amendment proposed of the constitution of the charity or association, as the case may be, before the proposed amendment is resolved by the charity or association including by any meeting of any members thereof;\nlodge with the chief executive a copy, certified to in writing as a true and correct copy thereof by any 2 members of the governing body, of every amendment of the constitution of the charity or association forthwith after the amendment is made by the charity or association, and no amendment of the constitution of the charity or association shall have any force and effect unless and until that amendment is approved by the Minister.\nThe governing body of each charity registered under this Act and the governing body of each association whose objects are a community purpose which is sanctioned under this Act shall lodge with the chief executive if and when required, an up-to-date copy of the constitution of the charity or association certified to in writing as a true and correct copy thereof by any 2 members of the governing body of the charity or association.\nThe constitution of each charity registered under this Act, and of each association whose objects are a community purpose that is sanctioned under this Act, must provide that—\nincome and property of the charity or association must be applied in promotion of its objects and not distributed among members; and\ndividends must not be paid to members.\nSubsection (4) does not apply to a charity listed in the schedule.\nAlso, subsection (4) (a) does not apply to a charity or an association if the charity’s or association’s constitution authorises the charity or association to distribute income and property among members who are themselves charities or associations, whether in Queensland or another State.\ns 29 amd 1990 No. 80 s 3 sch 6 ; 2000 No. 24 s 31 ; 2006 No. 10 s 89 sch 2\n(sec.29-ssec.1) Every application for the registration under this Act of a charity, and every application by an association whose objects are a community purpose, for the sanctioning under this Act of that community purpose, shall be accompanied by an up-to-date copy of the constitution thereof certified to in writing as a true and correct copy thereof by any 2 members of the governing body thereof.\n(sec.29-ssec.2) The governing body of each charity registered under this Act and the governing body of each association whose objects are a community purpose which is sanctioned under this Act shall— lodge with the chief executive every amendment proposed of the constitution of the charity or association, as the case may be, before the proposed amendment is resolved by the charity or association including by any meeting of any members thereof; lodge with the chief executive a copy, certified to in writing as a true and correct copy thereof by any 2 members of the governing body, of every amendment of the constitution of the charity or association forthwith after the amendment is made by the charity or association, and no amendment of the constitution of the charity or association shall have any force and effect unless and until that amendment is approved by the Minister.\n(sec.29-ssec.3) The governing body of each charity registered under this Act and the governing body of each association whose objects are a community purpose which is sanctioned under this Act shall lodge with the chief executive if and when required, an up-to-date copy of the constitution of the charity or association certified to in writing as a true and correct copy thereof by any 2 members of the governing body of the charity or association.\n(sec.29-ssec.4) The constitution of each charity registered under this Act, and of each association whose objects are a community purpose that is sanctioned under this Act, must provide that— income and property of the charity or association must be applied in promotion of its objects and not distributed among members; and dividends must not be paid to members.\n(sec.29-ssec.5) Subsection (4) does not apply to a charity listed in the schedule.\n(sec.29-ssec.6) Also, subsection (4) (a) does not apply to a charity or an association if the charity’s or association’s constitution authorises the charity or association to distribute income and property among members who are themselves charities or associations, whether in Queensland or another State.\n- (a) lodge with the chief executive every amendment proposed of the constitution of the charity or association, as the case may be, before the proposed amendment is resolved by the charity or association including by any meeting of any members thereof;\n- (b) lodge with the chief executive a copy, certified to in writing as a true and correct copy thereof by any 2 members of the governing body, of every amendment of the constitution of the charity or association forthwith after the amendment is made by the charity or association, and no amendment of the constitution of the charity or association shall have any force and effect unless and until that amendment is approved by the Minister.\n- (a) income and property of the charity or association must be applied in promotion of its objects and not distributed among members; and\n- (b) dividends must not be paid to members.","sortOrder":55},{"sectionNumber":"sec.30","sectionType":"section","heading":"Records of appeals for support","content":"### sec.30 Records of appeals for support\n\nExcept as prescribed or where the appeal for support consists only of an art union authorised under the Charitable and Non-Profit Gaming Act 1999 , the promoter of each appeal for support for any purpose to which part 3 applies shall keep and retain in the promoter’s custody until such time as the promoter is directed or authorised by or under this Act to destroy, hand over, or otherwise dispose of that record, a record of the appeal for support in writing consisting of or showing—\nthe purpose for which the appeal was made;\nthe full name and address of the promoter and the promoter’s authority for acting as promoter;\nan accurate statement showing full details, of all income and expenditure associated with the appeal (in the approved form) and of the moneys and property raised by or resulting from the appeal and of the disposal of all such moneys and property;\nthe audit report or a copy thereof, if such a report is received by the promoter, in relation to the appeal for support;\nsuch other matters as may be prescribed in that behalf.\nWhere any appeal for support is made for a charity registered under this Act or for an association whose objects are a community purpose which is sanctioned under this Act, the promoter may, and if so required by that governing body, the Minister, chief executive or any inspector shall, hand over his or her record of the appeal for support to the governing body of the charity or association and the governing body shall thereupon cause to be kept and retained in the custody of a responsible officer that record until such time as it is directed or authorised by or under this Act to destroy, hand over, or otherwise dispose of that record.\ns 30 amd 1981 No. 34 s 9 ; 1990 No. 80 s 3 sch 6 ; 1995 No. 57 s 4 sch 1 ; 2000 No. 5 s 461 sch 3 ; 2002 No. 13 s 124 sch\n(sec.30-ssec.1) Except as prescribed or where the appeal for support consists only of an art union authorised under the Charitable and Non-Profit Gaming Act 1999 , the promoter of each appeal for support for any purpose to which part 3 applies shall keep and retain in the promoter’s custody until such time as the promoter is directed or authorised by or under this Act to destroy, hand over, or otherwise dispose of that record, a record of the appeal for support in writing consisting of or showing— the purpose for which the appeal was made; the full name and address of the promoter and the promoter’s authority for acting as promoter; an accurate statement showing full details, of all income and expenditure associated with the appeal (in the approved form) and of the moneys and property raised by or resulting from the appeal and of the disposal of all such moneys and property; the audit report or a copy thereof, if such a report is received by the promoter, in relation to the appeal for support; such other matters as may be prescribed in that behalf.\n(sec.30-ssec.2) Where any appeal for support is made for a charity registered under this Act or for an association whose objects are a community purpose which is sanctioned under this Act, the promoter may, and if so required by that governing body, the Minister, chief executive or any inspector shall, hand over his or her record of the appeal for support to the governing body of the charity or association and the governing body shall thereupon cause to be kept and retained in the custody of a responsible officer that record until such time as it is directed or authorised by or under this Act to destroy, hand over, or otherwise dispose of that record.\n- (a) the purpose for which the appeal was made;\n- (b) the full name and address of the promoter and the promoter’s authority for acting as promoter;\n- (c) an accurate statement showing full details, of all income and expenditure associated with the appeal (in the approved form) and of the moneys and property raised by or resulting from the appeal and of the disposal of all such moneys and property;\n- (d) the audit report or a copy thereof, if such a report is received by the promoter, in relation to the appeal for support;\n- (e) such other matters as may be prescribed in that behalf.","sortOrder":56},{"sectionNumber":"sec.31","sectionType":"section","heading":"Keeping financial records","content":"### sec.31 Keeping financial records\n\nThis section applies to each of the following entities—\na charity registered under this Act;\nan association whose objects are a community purpose sanctioned under this Act.\nThe entity must—\nkeep financial records correctly recording and explaining its financial transactions, financial performance and financial position; and\nkeep the financial records in a way that—\nenables a true and fair financial statement to be prepared; and\nif the entity is required under section 32 to have the financial statement for a reportable financial year audited or verified—enables the financial statement to be conveniently and properly audited or verified.\nMaximum penalty—20 penalty units.\nA regulation may prescribe particular financial records to be kept by an entity mentioned in subsection (1) .\ns 31 amd 1990 No. 80 s 3 sch 6 ; 1990 No. 85 s 5 sch 2 ; 2000 No. 24 s 32 ; 2001 No. 45 s 29 sch 3 ; 2005 No. 14 s 2 sch ; 2006 No. 9 s 14 ; 2013 No. 39 s 43 sch 1\nsub 2020 No. 17 s 54\n(sec.31-ssec.1) This section applies to each of the following entities— a charity registered under this Act; an association whose objects are a community purpose sanctioned under this Act.\n(sec.31-ssec.2) The entity must— keep financial records correctly recording and explaining its financial transactions, financial performance and financial position; and keep the financial records in a way that— enables a true and fair financial statement to be prepared; and if the entity is required under section 32 to have the financial statement for a reportable financial year audited or verified—enables the financial statement to be conveniently and properly audited or verified. Maximum penalty—20 penalty units.\n(sec.31-ssec.3) A regulation may prescribe particular financial records to be kept by an entity mentioned in subsection (1) .\n- (a) a charity registered under this Act;\n- (b) an association whose objects are a community purpose sanctioned under this Act.\n- (a) keep financial records correctly recording and explaining its financial transactions, financial performance and financial position; and\n- (b) keep the financial records in a way that— (i) enables a true and fair financial statement to be prepared; and (ii) if the entity is required under section 32 to have the financial statement for a reportable financial year audited or verified—enables the financial statement to be conveniently and properly audited or verified.\n- (i) enables a true and fair financial statement to be prepared; and\n- (ii) if the entity is required under section 32 to have the financial statement for a reportable financial year audited or verified—enables the financial statement to be conveniently and properly audited or verified.\n- (i) enables a true and fair financial statement to be prepared; and\n- (ii) if the entity is required under section 32 to have the financial statement for a reportable financial year audited or verified—enables the financial statement to be conveniently and properly audited or verified.","sortOrder":57},{"sectionNumber":"sec.32","sectionType":"section","heading":"Financial statement","content":"### sec.32 Financial statement\n\nThis section applies to each of the following entities—\na charity registered under this Act, other than an exempt charity;\nan association whose objects are a community purpose sanctioned under this Act, other than an exempt association;\na promoter of an appeal for support for a purpose to which part 3 applies.\nThe entity must prepare a financial statement for the entity’s last reportable financial period as required under this section.\nMaximum penalty—20 penalty units.\nThe financial statement must—\nbe prepared within the period prescribed by regulation; and\ninclude the information prescribed by regulation; and\nbe audited or verified in the way prescribed by regulation, including, for example, by an independent entity holding the qualifications prescribed by regulation.\nIf a financial statement is required to be audited under subsection (3) (c) , the auditor has the powers of an inspector under this Act for the audit.\nThe entity must lodge the following documents with the chief executive as required under this section—\nthe financial statement for the entity’s last reportable financial period, as prepared under this section;\nany document relating to the audit or verification of the financial statement for the entity’s last reportable financial period, as mentioned in subsection (3) (c) .\nMaximum penalty—20 penalty units.\nThe documents mentioned in subsection (5) must be lodged in the way and within the period—\nprescribed by regulation; or\nas directed by the chief executive.\ns 32 amd 1990 No. 80 s 3 sch 6\nsub 2020 No. 17 s 54\n(sec.32-ssec.1) This section applies to each of the following entities— a charity registered under this Act, other than an exempt charity; an association whose objects are a community purpose sanctioned under this Act, other than an exempt association; a promoter of an appeal for support for a purpose to which part 3 applies.\n(sec.32-ssec.2) The entity must prepare a financial statement for the entity’s last reportable financial period as required under this section. Maximum penalty—20 penalty units.\n(sec.32-ssec.3) The financial statement must— be prepared within the period prescribed by regulation; and include the information prescribed by regulation; and be audited or verified in the way prescribed by regulation, including, for example, by an independent entity holding the qualifications prescribed by regulation.\n(sec.32-ssec.4) If a financial statement is required to be audited under subsection (3) (c) , the auditor has the powers of an inspector under this Act for the audit.\n(sec.32-ssec.5) The entity must lodge the following documents with the chief executive as required under this section— the financial statement for the entity’s last reportable financial period, as prepared under this section; any document relating to the audit or verification of the financial statement for the entity’s last reportable financial period, as mentioned in subsection (3) (c) . Maximum penalty—20 penalty units.\n(sec.32-ssec.6) The documents mentioned in subsection (5) must be lodged in the way and within the period— prescribed by regulation; or as directed by the chief executive.\n- (a) a charity registered under this Act, other than an exempt charity;\n- (b) an association whose objects are a community purpose sanctioned under this Act, other than an exempt association;\n- (c) a promoter of an appeal for support for a purpose to which part 3 applies.\n- (a) be prepared within the period prescribed by regulation; and\n- (b) include the information prescribed by regulation; and\n- (c) be audited or verified in the way prescribed by regulation, including, for example, by an independent entity holding the qualifications prescribed by regulation.\n- (a) the financial statement for the entity’s last reportable financial period, as prepared under this section;\n- (b) any document relating to the audit or verification of the financial statement for the entity’s last reportable financial period, as mentioned in subsection (3) (c) .\n- (a) prescribed by regulation; or\n- (b) as directed by the chief executive.","sortOrder":58},{"sectionNumber":"sec.33","sectionType":"section","heading":"Returns","content":"### sec.33 Returns\n\nThis section applies to each of the following entities—\na charity registered under this Act, other than an exempt charity;\nan association whose objects are a community purpose sanctioned under this Act, other than an exempt association;\na promoter of an appeal for support for a purpose to which part 3 applies.\nThe entity must lodge a return as required under this section with the chief executive.\nMaximum penalty—20 penalty units.\nThe return must contain the information prescribed by regulation.\nThe return must be lodged in the way and within the period prescribed by regulation.\ns 33 prev s 33 om 1972 No. 72 s 22\npres s 33 ins 2020 No. 17 s 54\n(sec.33-ssec.1) This section applies to each of the following entities— a charity registered under this Act, other than an exempt charity; an association whose objects are a community purpose sanctioned under this Act, other than an exempt association; a promoter of an appeal for support for a purpose to which part 3 applies.\n(sec.33-ssec.2) The entity must lodge a return as required under this section with the chief executive. Maximum penalty—20 penalty units.\n(sec.33-ssec.3) The return must contain the information prescribed by regulation.\n(sec.33-ssec.4) The return must be lodged in the way and within the period prescribed by regulation.\n- (a) a charity registered under this Act, other than an exempt charity;\n- (b) an association whose objects are a community purpose sanctioned under this Act, other than an exempt association;\n- (c) a promoter of an appeal for support for a purpose to which part 3 applies.","sortOrder":59},{"sectionNumber":"sec.33A","sectionType":"section","heading":"Chief executive may require lodgement of financial statement or return","content":"### sec.33A Chief executive may require lodgement of financial statement or return\n\nThis section applies to each of the following entities—\na charity registered under this Act;\nan association whose objects are a community purpose sanctioned under this Act;\na promoter of an appeal for support for a purpose to which part 3 applies.\nThe chief executive may direct the entity to do any of the following—\nprepare a financial statement for a reportable financial year of the entity;\nprepare a return containing the information stated in the direction;\nlodge the financial statement mentioned in paragraph (a) or return mentioned in paragraph (b) within a period stated in the direction;\ncause information contained in the financial statement mentioned in paragraph (a) to be audited or verified by an appropriately qualified person prescribed by regulation.\nThe entity must comply with the direction.\nMaximum penalty—20 penalty units.\nTo remove any doubt, it is declared that this section also applies to an exempt charity or exempt association.\ns 33A ins 2020 No. 17 s 54\n(sec.33A-ssec.1) This section applies to each of the following entities— a charity registered under this Act; an association whose objects are a community purpose sanctioned under this Act; a promoter of an appeal for support for a purpose to which part 3 applies.\n(sec.33A-ssec.2) The chief executive may direct the entity to do any of the following— prepare a financial statement for a reportable financial year of the entity; prepare a return containing the information stated in the direction; lodge the financial statement mentioned in paragraph (a) or return mentioned in paragraph (b) within a period stated in the direction; cause information contained in the financial statement mentioned in paragraph (a) to be audited or verified by an appropriately qualified person prescribed by regulation.\n(sec.33A-ssec.3) The entity must comply with the direction. Maximum penalty—20 penalty units.\n(sec.33A-ssec.4) To remove any doubt, it is declared that this section also applies to an exempt charity or exempt association.\n- (a) a charity registered under this Act;\n- (b) an association whose objects are a community purpose sanctioned under this Act;\n- (c) a promoter of an appeal for support for a purpose to which part 3 applies.\n- (a) prepare a financial statement for a reportable financial year of the entity;\n- (b) prepare a return containing the information stated in the direction;\n- (c) lodge the financial statement mentioned in paragraph (a) or return mentioned in paragraph (b) within a period stated in the direction;\n- (d) cause information contained in the financial statement mentioned in paragraph (a) to be audited or verified by an appropriately qualified person prescribed by regulation.","sortOrder":60},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":61},{"sectionNumber":"sec.34","sectionType":"section","heading":"Power to act for the protection of the public etc.","content":"### sec.34 Power to act for the protection of the public etc.\n\nWhere the Minister is satisfied that in relation to the promotion or conduct of any appeal for support for any purpose to which part 3 applies, there has been any misconduct or mismanagement the Minister may do any 1 or more of the following things—\ndirect that the appeal for support be discontinued;\ndirect that no future appeals for support for the purpose be made;\ndirect any financial institution or person who holds property raised by or resulting from the appeal for support not to part with the property without the prior approval of the Minister.\nNo person shall knowingly make or cause to be made or assist in making or take part in any appeal for support in contravention of any such direction, or otherwise contravene any such direction, unless and until that direction is revoked by the Minister.\nThe Minister may at any time revoke any direction given under this section.\nThe provisions of this section shall not be read as limiting or restricting any other provision of this Act or as prohibiting any action being taken thereunder or any proceedings being taken for any non-compliance with this Act or any other Act.\ns 34 amd 1989 No. 6 s 7 ; 1992 No. 12 s 66 sch ; 1993 No. 32 s 3 sch 1\n(sec.34-ssec.1) Where the Minister is satisfied that in relation to the promotion or conduct of any appeal for support for any purpose to which part 3 applies, there has been any misconduct or mismanagement the Minister may do any 1 or more of the following things— direct that the appeal for support be discontinued; direct that no future appeals for support for the purpose be made; direct any financial institution or person who holds property raised by or resulting from the appeal for support not to part with the property without the prior approval of the Minister.\n(sec.34-ssec.2) No person shall knowingly make or cause to be made or assist in making or take part in any appeal for support in contravention of any such direction, or otherwise contravene any such direction, unless and until that direction is revoked by the Minister.\n(sec.34-ssec.3) The Minister may at any time revoke any direction given under this section.\n(sec.34-ssec.4) The provisions of this section shall not be read as limiting or restricting any other provision of this Act or as prohibiting any action being taken thereunder or any proceedings being taken for any non-compliance with this Act or any other Act.\n- (a) direct that the appeal for support be discontinued;\n- (b) direct that no future appeals for support for the purpose be made;\n- (c) direct any financial institution or person who holds property raised by or resulting from the appeal for support not to part with the property without the prior approval of the Minister.","sortOrder":62},{"sectionNumber":"sec.35","sectionType":"section","heading":"Vesting of property in the public trustee","content":"### sec.35 Vesting of property in the public trustee\n\nThis section applies if the chief executive is satisfied—\nthat in any case set forth in the Charitable Funds Act 1958 , section 5 the property in any fund or any part or residue thereof raised by or resulting from any appeal for support for any purpose to which part 3 applies may be dealt with under this section; or\nthat any property (whether derived from funds received or held before or after the passing of this Act) of or held for or on behalf of any charity which is unable to make any lawful appeal for support under this Act may be dealt with under this section; or\nthat any property (whether derived from funds received or held before or after the passing of this Act) of or held by or on behalf of any association, whose objects are a community purpose, which is unable to make any lawful appeal for support under this Act may be dealt with under this section; or\nthat the Minister has given a direction in respect of any property pursuant to section 34 (1) ; or\nthat any property (whether derived from funds received or held before or after the passing of this Act) is held on behalf of any charity, or is held on behalf of any association whose objects are or were a community purpose, which has ceased to exist or ceased to operate; or\nthat there has been maladministration in respect of any property raised by or resulting from any appeal for support for any purpose to which part 3 applies and held by or on behalf of any charity or any association whose objects are a community purpose; or\nthat a majority of at least three-quarters of the governing body or of the persons who are trustees or who have the control of any property raised by, or resulting from any appeal for support for any charitable purpose or community purpose, have consented to any or all of the property being vested in the public trustee.\nThe chief executive may, by gazette notice, vest all or any of the property in the public trustee.\nSubject to subsection (4) , the property vested in the public trustee is held upon the trusts and for the purposes upon or for which they were held prior to being vested in the public trustee.\nA gazette notice may amend the trusts or purposes and vest the property, or part of the property, in a person for charitable or community purposes.\nThe receipt of the public trustee shall be a sufficient discharge to any persons paying or transferring any property under the gazette notice, and the said persons shall not thereafter be liable or accountable therefor or be bound to see to the application, distribution, or appropriation thereof.\nThis section applies to any property, charity, or association as aforesaid, irrespective of any action or proceedings taken in respect of such property, charity, or association under any other provision or provisions of this Act.\ns 35 amd 1975 No. 34 s 4 ; 1981 No. 34 s 10 ; 1995 No. 57 s 4 sch 1 ; 1997 No. 82 s 3 sch ; 2020 No. 17 s 55\n(sec.35-ssec.1) This section applies if the chief executive is satisfied— that in any case set forth in the Charitable Funds Act 1958 , section 5 the property in any fund or any part or residue thereof raised by or resulting from any appeal for support for any purpose to which part 3 applies may be dealt with under this section; or that any property (whether derived from funds received or held before or after the passing of this Act) of or held for or on behalf of any charity which is unable to make any lawful appeal for support under this Act may be dealt with under this section; or that any property (whether derived from funds received or held before or after the passing of this Act) of or held by or on behalf of any association, whose objects are a community purpose, which is unable to make any lawful appeal for support under this Act may be dealt with under this section; or that the Minister has given a direction in respect of any property pursuant to section 34 (1) ; or that any property (whether derived from funds received or held before or after the passing of this Act) is held on behalf of any charity, or is held on behalf of any association whose objects are or were a community purpose, which has ceased to exist or ceased to operate; or that there has been maladministration in respect of any property raised by or resulting from any appeal for support for any purpose to which part 3 applies and held by or on behalf of any charity or any association whose objects are a community purpose; or that a majority of at least three-quarters of the governing body or of the persons who are trustees or who have the control of any property raised by, or resulting from any appeal for support for any charitable purpose or community purpose, have consented to any or all of the property being vested in the public trustee.\n(sec.35-ssec.2) The chief executive may, by gazette notice, vest all or any of the property in the public trustee.\n(sec.35-ssec.3) Subject to subsection (4) , the property vested in the public trustee is held upon the trusts and for the purposes upon or for which they were held prior to being vested in the public trustee.\n(sec.35-ssec.4) A gazette notice may amend the trusts or purposes and vest the property, or part of the property, in a person for charitable or community purposes.\n(sec.35-ssec.5) The receipt of the public trustee shall be a sufficient discharge to any persons paying or transferring any property under the gazette notice, and the said persons shall not thereafter be liable or accountable therefor or be bound to see to the application, distribution, or appropriation thereof.\n(sec.35-ssec.6) This section applies to any property, charity, or association as aforesaid, irrespective of any action or proceedings taken in respect of such property, charity, or association under any other provision or provisions of this Act.\n- (a) that in any case set forth in the Charitable Funds Act 1958 , section 5 the property in any fund or any part or residue thereof raised by or resulting from any appeal for support for any purpose to which part 3 applies may be dealt with under this section; or\n- (b) that any property (whether derived from funds received or held before or after the passing of this Act) of or held for or on behalf of any charity which is unable to make any lawful appeal for support under this Act may be dealt with under this section; or\n- (c) that any property (whether derived from funds received or held before or after the passing of this Act) of or held by or on behalf of any association, whose objects are a community purpose, which is unable to make any lawful appeal for support under this Act may be dealt with under this section; or\n- (d) that the Minister has given a direction in respect of any property pursuant to section 34 (1) ; or\n- (e) that any property (whether derived from funds received or held before or after the passing of this Act) is held on behalf of any charity, or is held on behalf of any association whose objects are or were a community purpose, which has ceased to exist or ceased to operate; or\n- (f) that there has been maladministration in respect of any property raised by or resulting from any appeal for support for any purpose to which part 3 applies and held by or on behalf of any charity or any association whose objects are a community purpose; or\n- (g) that a majority of at least three-quarters of the governing body or of the persons who are trustees or who have the control of any property raised by, or resulting from any appeal for support for any charitable purpose or community purpose, have consented to any or all of the property being vested in the public trustee.","sortOrder":63},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Disaster appeals trust fund and committee","content":"### sec.35A Disaster appeals trust fund and committee\n\nThe public trustee shall establish and keep in the accounts of the public trustee an account titled the disaster appeals trust fund.\nThere is hereby established a committee to be called the ‘disaster appeals trust fund committee’, hereinafter in this section and in section 35B referred to as the committee .\nThe public trustee and the chief executive are, ex officio, members of the committee.\nThe chief executive must appoint 3 other members of the committee (each an appointed member ).\nSubject to this section, the appointed members shall hold office for 3 years and shall be eligible for reappointment.\nAn appointed member is to be paid the remuneration and other allowances decided by the chief executive.\nThe public trustee may appoint a person employed in the public trustee’s office to represent the public trustee on the committee.\nThe chief executive is the chairperson of the committee.\nThe members of the committee shall elect from among their number a person to be deputy chairperson of the committee and, where the member so elected is one of the appointed members and whilst the member remains a member of the committee, the member shall be deputy chairperson during the member’s term of office, but the member may resign office as deputy chairperson by signed notice addressed to and delivered to the Minister.\nA member of the committee who is one of the appointed members shall be deemed to have vacated the member’s office if the member—\ndies;\nresigns office by signed notice addressed to and delivered to the Minister;\nis absent from 3 consecutive meetings of the committee and is not excused by the committee for the absence, either in advance or at its meeting next following the third absence;\nis removed from office by the chief executive.\nThe chief executive may, for any cause that appears to the chief executive to be sufficient, remove a member of the committee who is one of the appointed members from office as such a member.\nWhen a vacancy occurs in the office of any of the appointed members of the committee before the expiration of the member’s term of office, the chief executive shall appoint another person to hold office, subject to this section, either for 3 years or until the time when the person’s predecessor’s term would have expired, and in either case the appointee shall be eligible for reappointment.\nThe committee shall meet at such times and places and conduct its business in such manner as it determines from time to time and, without limiting the foregoing, the chairperson of the committee or the deputy chairperson or, if neither of them is available, the Minister may convene a meeting of the committee.\nThe chairperson or, if the chairperson is not present, the deputy chairperson shall preside at all meetings of the committee, but if neither of them is present at a meeting, the members present at that meeting shall elect a member from among those present to preside at the meeting during the absence of the chairperson and the deputy chairperson, and the person so elected shall have, during such absence, all the powers of the chairperson.\nAny 3 members of the committee shall be a quorum for the purposes of a meeting of the committee and shall be competent to transact the business of the committee and to perform its functions pursuant to this section.\nAny matter before a meeting of the committee shall be determined by vote of the majority of the members of the committee (being a quorum) present at the meeting, and in the event of an equality of votes upon any matter the person who presides at the meeting at the time of the taking of the vote shall have a second or casting vote.\nA member of the committee who, being present at a meeting and entitled to vote on a matter, abstains from voting on that matter shall be taken to have voted in the negative.\nAn officer of the public service may be appointed a member of the committee and may hold office as such member in conjunction with the officer’s holding office as an officer of the public service.\ns 35A ins 1975 No. 34 s 5\namd 1981 No. 34 s 11 ; 1995 No. 57 s 4 sch 1 ; 2000 No. 16 s 590 sch 1 pt 2 ; 2020 No. 17 s 56\n(sec.35A-ssec.1) The public trustee shall establish and keep in the accounts of the public trustee an account titled the disaster appeals trust fund.\n(sec.35A-ssec.2) There is hereby established a committee to be called the ‘disaster appeals trust fund committee’, hereinafter in this section and in section 35B referred to as the committee .\n(sec.35A-ssec.3) The public trustee and the chief executive are, ex officio, members of the committee.\n(sec.35A-ssec.4) The chief executive must appoint 3 other members of the committee (each an appointed member ).\n(sec.35A-ssec.5) Subject to this section, the appointed members shall hold office for 3 years and shall be eligible for reappointment.\n(sec.35A-ssec.6) An appointed member is to be paid the remuneration and other allowances decided by the chief executive.\n(sec.35A-ssec.7) The public trustee may appoint a person employed in the public trustee’s office to represent the public trustee on the committee.\n(sec.35A-ssec.8) The chief executive is the chairperson of the committee.\n(sec.35A-ssec.9) The members of the committee shall elect from among their number a person to be deputy chairperson of the committee and, where the member so elected is one of the appointed members and whilst the member remains a member of the committee, the member shall be deputy chairperson during the member’s term of office, but the member may resign office as deputy chairperson by signed notice addressed to and delivered to the Minister.\n(sec.35A-ssec.10) A member of the committee who is one of the appointed members shall be deemed to have vacated the member’s office if the member— dies; resigns office by signed notice addressed to and delivered to the Minister; is absent from 3 consecutive meetings of the committee and is not excused by the committee for the absence, either in advance or at its meeting next following the third absence; is removed from office by the chief executive.\n(sec.35A-ssec.11) The chief executive may, for any cause that appears to the chief executive to be sufficient, remove a member of the committee who is one of the appointed members from office as such a member.\n(sec.35A-ssec.12) When a vacancy occurs in the office of any of the appointed members of the committee before the expiration of the member’s term of office, the chief executive shall appoint another person to hold office, subject to this section, either for 3 years or until the time when the person’s predecessor’s term would have expired, and in either case the appointee shall be eligible for reappointment.\n(sec.35A-ssec.13) The committee shall meet at such times and places and conduct its business in such manner as it determines from time to time and, without limiting the foregoing, the chairperson of the committee or the deputy chairperson or, if neither of them is available, the Minister may convene a meeting of the committee.\n(sec.35A-ssec.14) The chairperson or, if the chairperson is not present, the deputy chairperson shall preside at all meetings of the committee, but if neither of them is present at a meeting, the members present at that meeting shall elect a member from among those present to preside at the meeting during the absence of the chairperson and the deputy chairperson, and the person so elected shall have, during such absence, all the powers of the chairperson.\n(sec.35A-ssec.15) Any 3 members of the committee shall be a quorum for the purposes of a meeting of the committee and shall be competent to transact the business of the committee and to perform its functions pursuant to this section.\n(sec.35A-ssec.16) Any matter before a meeting of the committee shall be determined by vote of the majority of the members of the committee (being a quorum) present at the meeting, and in the event of an equality of votes upon any matter the person who presides at the meeting at the time of the taking of the vote shall have a second or casting vote.\n(sec.35A-ssec.17) A member of the committee who, being present at a meeting and entitled to vote on a matter, abstains from voting on that matter shall be taken to have voted in the negative.\n(sec.35A-ssec.18) An officer of the public service may be appointed a member of the committee and may hold office as such member in conjunction with the officer’s holding office as an officer of the public service.\n- (a) dies;\n- (b) resigns office by signed notice addressed to and delivered to the Minister;\n- (c) is absent from 3 consecutive meetings of the committee and is not excused by the committee for the absence, either in advance or at its meeting next following the third absence;\n- (d) is removed from office by the chief executive.","sortOrder":64},{"sectionNumber":"sec.35B","sectionType":"section","heading":"Disaster relief funds and their application","content":"### sec.35B Disaster relief funds and their application\n\nIn this section—\ndisaster relief fund means any fund raised by or resulting from any appeal for support for the purpose of assisting persons suffering distress, whether physical, mental or financial, as a result of any catastrophe or disaster arising from natural causes, inevitable accident, wilful act or negligence.\nIn any case where the Governor in Council is satisfied that—\na fund is a disaster relief fund;\nno payment has been made from moneys (whether invested or not) in or belonging to that fund for a period of 1 year or more;\nthose moneys do not appear likely to be applied for the benefit or relief of any of the persons for whose benefit or relief that fund was established;\na regulation may vest all or any of such moneys (whether invested or not) in the public trustee who shall—\nin the case of moneys not invested—pay such moneys to the credit of the disaster appeals trust fund (the trust fund );\nin the case of invested moneys—realise the investments when directed to do so by the committee and pay the proceeds of such realisation to the trust fund, and in the meantime hold such investments on behalf of the trust fund.\nMoneys vested in the public trustee under this section shall vest freed and discharged from all trusts to which they are or may be subject.\nIf a regulation is made under this section about a fund declared, under a regulation, to be a disaster relief fund and—\nthere is an insubstantial variation between the name of the fund indicated in the regulation and the name in which the fund is held; and\nthe public trustee is satisfied that the fund indicated in the regulation is the same fund as that so held;\na certificate under the hand and seal of the public trustee that, in the circumstances as aforesaid, the funds so named are one and the same fund shall, until the contrary is proved, be sufficient evidence of the matters stated and be acted upon by any person required to make any payment or transfer with respect thereto.\nIn subsection (6) —\nthe name in which the fund is held includes the name—\nof any account relating to the fund; and\nin which any fund moneys are invested; and\nin which any security is held in respect of moneys so invested.\nThe receipt of the public trustee shall be a full and sufficient discharge to any governing body or any persons paying or transferring any moneys or investments in pursuance of this section as to the moneys or investments made or transferred, and such governing body or persons shall not thereafter be liable or accountable therefor or be bound to see to the application, distribution or appropriation thereof.\nThe committee may from time to time direct the public trustee (who shall comply with such direction)—\nto invest any moneys standing to the credit of the trust fund in any authorised trustee investment nominated by the committee;\nto realise any investment so made;\nand income arising from any such investment shall be paid into and form part of the trust fund.\nThe committee may from time to time, with the approval of the Governor in Council, direct the public trustee to pay or apply the whole or any part of the moneys standing to the credit of the trust fund, including moneys derived from the realisation of investments—\nfor the benefit or relief of any of the persons for whose benefit or relief a fund referred to in subsection (2) was established; or\nto or for the use or benefit of any other fund that in the opinion of the committee is a disaster relief fund;\nand in any such case the public trustee shall pay or apply the moneys the subject of the direction in accordance with the terms of such direction.\ns 35B ins 1975 No. 34 s 6\namd 1977 No. 48 s 2 ; 1981 No. 34 s 11 ; 1995 No. 57 s 4 sch 1\n(sec.35B-ssec.1) In this section— disaster relief fund means any fund raised by or resulting from any appeal for support for the purpose of assisting persons suffering distress, whether physical, mental or financial, as a result of any catastrophe or disaster arising from natural causes, inevitable accident, wilful act or negligence.\n(sec.35B-ssec.2) In any case where the Governor in Council is satisfied that— a fund is a disaster relief fund; no payment has been made from moneys (whether invested or not) in or belonging to that fund for a period of 1 year or more; those moneys do not appear likely to be applied for the benefit or relief of any of the persons for whose benefit or relief that fund was established; a regulation may vest all or any of such moneys (whether invested or not) in the public trustee who shall— in the case of moneys not invested—pay such moneys to the credit of the disaster appeals trust fund (the trust fund ); in the case of invested moneys—realise the investments when directed to do so by the committee and pay the proceeds of such realisation to the trust fund, and in the meantime hold such investments on behalf of the trust fund.\n(sec.35B-ssec.4) Moneys vested in the public trustee under this section shall vest freed and discharged from all trusts to which they are or may be subject.\n(sec.35B-ssec.6) If a regulation is made under this section about a fund declared, under a regulation, to be a disaster relief fund and— there is an insubstantial variation between the name of the fund indicated in the regulation and the name in which the fund is held; and the public trustee is satisfied that the fund indicated in the regulation is the same fund as that so held; a certificate under the hand and seal of the public trustee that, in the circumstances as aforesaid, the funds so named are one and the same fund shall, until the contrary is proved, be sufficient evidence of the matters stated and be acted upon by any person required to make any payment or transfer with respect thereto.\n(sec.35B-ssec.7) In subsection (6) — the name in which the fund is held includes the name— of any account relating to the fund; and in which any fund moneys are invested; and in which any security is held in respect of moneys so invested.\n(sec.35B-ssec.8) The receipt of the public trustee shall be a full and sufficient discharge to any governing body or any persons paying or transferring any moneys or investments in pursuance of this section as to the moneys or investments made or transferred, and such governing body or persons shall not thereafter be liable or accountable therefor or be bound to see to the application, distribution or appropriation thereof.\n(sec.35B-ssec.9) The committee may from time to time direct the public trustee (who shall comply with such direction)— to invest any moneys standing to the credit of the trust fund in any authorised trustee investment nominated by the committee; to realise any investment so made; and income arising from any such investment shall be paid into and form part of the trust fund.\n(sec.35B-ssec.10) The committee may from time to time, with the approval of the Governor in Council, direct the public trustee to pay or apply the whole or any part of the moneys standing to the credit of the trust fund, including moneys derived from the realisation of investments— for the benefit or relief of any of the persons for whose benefit or relief a fund referred to in subsection (2) was established; or to or for the use or benefit of any other fund that in the opinion of the committee is a disaster relief fund; and in any such case the public trustee shall pay or apply the moneys the subject of the direction in accordance with the terms of such direction.\n- (a) a fund is a disaster relief fund;\n- (b) no payment has been made from moneys (whether invested or not) in or belonging to that fund for a period of 1 year or more;\n- (c) those moneys do not appear likely to be applied for the benefit or relief of any of the persons for whose benefit or relief that fund was established;\n- (d) in the case of moneys not invested—pay such moneys to the credit of the disaster appeals trust fund (the trust fund );\n- (e) in the case of invested moneys—realise the investments when directed to do so by the committee and pay the proceeds of such realisation to the trust fund, and in the meantime hold such investments on behalf of the trust fund.\n- (a) there is an insubstantial variation between the name of the fund indicated in the regulation and the name in which the fund is held; and\n- (b) the public trustee is satisfied that the fund indicated in the regulation is the same fund as that so held;\n- (a) of any account relating to the fund; and\n- (b) in which any fund moneys are invested; and\n- (c) in which any security is held in respect of moneys so invested.\n- (a) to invest any moneys standing to the credit of the trust fund in any authorised trustee investment nominated by the committee;\n- (b) to realise any investment so made;\n- (a) for the benefit or relief of any of the persons for whose benefit or relief a fund referred to in subsection (2) was established; or\n- (b) to or for the use or benefit of any other fund that in the opinion of the committee is a disaster relief fund;","sortOrder":65},{"sectionNumber":"sec.35C","sectionType":"section","heading":"Donations to disaster relief funds","content":"### sec.35C Donations to disaster relief funds\n\nIn this section—\ndisaster means any catastrophe or disaster arising from natural causes, inevitable accident, wilful act or negligence.\ndisaster relief fund has the same meaning as that assigned to it by section 35B (1) .\nWhere a disaster occurs moneys may be donated to the disaster appeals trust fund for payment to any disaster relief fund that has been or may be established in respect of the disaster.\nThe public trustee shall as soon as possible forward those moneys to the governing body of or persons raising the disaster relief fund for payment into the fund.\nWhere—\nmoneys are donated to the disaster appeals trust fund for payment to a disaster relief fund that as far as the public trustee can ascertain has ceased to exist or operate; or\nit is not clear to which disaster relief fund a donor of moneys to the disaster appeals trust fund intended the moneys to be paid and the public trustee is unable to clarify the intention; or\na disaster occurs and a disaster relief fund in respect of the disaster is not established within 1 month after the occurrence of the disaster and moneys are donated to the disaster appeals trust fund for the benefit or relief of persons suffering distress, whether physical, mental or financial, as a result of the disaster;\nthose moneys shall as from a date declared by the public trustee under the public trustee’s hand and seal form part of the disaster appeals trust fund as if they had vested in the public trustee under section 35B (2) freed and discharged from all trusts to which they are or may be subject.\ns 35C ins 1977 No. 48 s 3\namd 1981 No. 34 s 11 ; 1995 No. 57 s 4 sch 1 ; 1997 No. 82 s 3 sch\n(sec.35C-ssec.1) In this section— disaster means any catastrophe or disaster arising from natural causes, inevitable accident, wilful act or negligence. disaster relief fund has the same meaning as that assigned to it by section 35B (1) .\n(sec.35C-ssec.2) Where a disaster occurs moneys may be donated to the disaster appeals trust fund for payment to any disaster relief fund that has been or may be established in respect of the disaster.\n(sec.35C-ssec.3) The public trustee shall as soon as possible forward those moneys to the governing body of or persons raising the disaster relief fund for payment into the fund.\n(sec.35C-ssec.4) Where— moneys are donated to the disaster appeals trust fund for payment to a disaster relief fund that as far as the public trustee can ascertain has ceased to exist or operate; or it is not clear to which disaster relief fund a donor of moneys to the disaster appeals trust fund intended the moneys to be paid and the public trustee is unable to clarify the intention; or a disaster occurs and a disaster relief fund in respect of the disaster is not established within 1 month after the occurrence of the disaster and moneys are donated to the disaster appeals trust fund for the benefit or relief of persons suffering distress, whether physical, mental or financial, as a result of the disaster; those moneys shall as from a date declared by the public trustee under the public trustee’s hand and seal form part of the disaster appeals trust fund as if they had vested in the public trustee under section 35B (2) freed and discharged from all trusts to which they are or may be subject.\n- (a) moneys are donated to the disaster appeals trust fund for payment to a disaster relief fund that as far as the public trustee can ascertain has ceased to exist or operate; or\n- (b) it is not clear to which disaster relief fund a donor of moneys to the disaster appeals trust fund intended the moneys to be paid and the public trustee is unable to clarify the intention; or\n- (c) a disaster occurs and a disaster relief fund in respect of the disaster is not established within 1 month after the occurrence of the disaster and moneys are donated to the disaster appeals trust fund for the benefit or relief of persons suffering distress, whether physical, mental or financial, as a result of the disaster;","sortOrder":66},{"sectionNumber":"sec.35D","sectionType":"section","heading":"Donations for future disasters","content":"### sec.35D Donations for future disasters\n\nAny person desiring to donate moneys (including any moneys invested in any authorised trustee investment) for the benefit or relief of persons suffering distress whether physical, mental or financial, as a result of any future catastrophe or disaster arising from natural causes, inevitable accident, wilful act or negligence may pay moneys or provide by way of will or trust or otherwise for the payment of moneys to the disaster appeals trust fund.\nSection 35B shall apply to such moneys as if they had vested in the public trustee under section 35B (2) and the moneys shall vest in the public trustee on the day they are paid into the disaster appeals trust fund.\ns 35D ins 1977 No. 48 s 3\namd 1981 No. 34 s 11 ; 1997 No. 82 s 3 sch\n(sec.35D-ssec.1) Any person desiring to donate moneys (including any moneys invested in any authorised trustee investment) for the benefit or relief of persons suffering distress whether physical, mental or financial, as a result of any future catastrophe or disaster arising from natural causes, inevitable accident, wilful act or negligence may pay moneys or provide by way of will or trust or otherwise for the payment of moneys to the disaster appeals trust fund.\n(sec.35D-ssec.2) Section 35B shall apply to such moneys as if they had vested in the public trustee under section 35B (2) and the moneys shall vest in the public trustee on the day they are paid into the disaster appeals trust fund.","sortOrder":67},{"sectionNumber":"sec.35E","sectionType":"section","heading":"Disclosure of information to ACNC commissioner","content":"### sec.35E Disclosure of information to ACNC commissioner\n\nFor the purpose of enabling or assisting the ACNC commissioner to perform or exercise any of the functions or powers of the ACNC commissioner, the chief executive may—\nenter into an arrangement with the ACNC commissioner; and\nunder the arrangement, disclose information obtained under this Act about a Commonwealth registered entity to the ACNC commissioner.\ns 35E ins 2020 No. 17 s 57\namd 2022 No. 23 s 54\n- (a) enter into an arrangement with the ACNC commissioner; and\n- (b) under the arrangement, disclose information obtained under this Act about a Commonwealth registered entity to the ACNC commissioner.","sortOrder":68},{"sectionNumber":"sec.36","sectionType":"section","heading":"Enforcement of orders","content":"### sec.36 Enforcement of orders\n\nWithout limit or prejudice to any other means of enforcing the requirement, direction or order, or any proceeding for failure to comply therewith, a person failing to comply with any requirement notified, or direction given, or order made under this Act, may on the application on behalf of the Minister to the Court, which application may be so made whether or not the requirement, direction or order was notified, given or made by the Minister, be dealt with as for disobedience to an order of the Court.\ns 36 amd 1975 No. 34 s 7","sortOrder":69},{"sectionNumber":"sec.37","sectionType":"section","heading":"Failure to comply with lawful requirements etc.","content":"### sec.37 Failure to comply with lawful requirements etc.\n\nEvery person who—\nbeing required under this Act to supply any information, produce any record, or lodge any return, fails, without reasonable excuse the proof whereof shall lie upon the person, to supply that information, produce that record, or lodge that return, as the case may be, in accordance with that requirement;\nbeing required under this Act to disclose any account or permit any inspector to inspect or make and take away a copy or extract of that account, fails, without reasonable excuse the proof whereof shall lie upon the person, to disclose that account, or to permit the inspector to inspect that account or to make and take away a copy or extract of that account, as the case may be;\nbeing required under this Act by any inspector to attend before the inspector and to be examined by the inspector fails, without reasonable excuse the proof whereof shall lie upon the person, to attend before the inspector or refuses to take an oath or affirmation or declaration instead of an oath, or refuses, without reasonable excuse the proof whereof shall lie upon the person, to answer any question put to the person by the inspector;\nbeing required under this Act to produce any money or property, fails, without reasonable excuse the proof whereof shall lie upon the person, to produce that money or property, as the case may be, in accordance with that requirement;\nbeing required under this Act to produce any document, money, property, item of value or other thing which may be required for evidence, fails, without reasonable excuse the proof whereof shall lie upon the person, to produce that document, money, property, item of value or other thing, as the case may be, in accordance with that requirement;\nbeing required under this Act to answer any question, fails, without reasonable excuse the proof whereof shall lie upon the person, to answer that question or gives any answer which the person knows to be false;\nassaults, resists, or obstructs an inspector in the exercise of powers or in the discharge of duties under this Act, or attempts so to do;\nshall be guilty of an offence against this Act.\nEvery person who in relation to the making of any appeal for support—\nfor a charity, specifies that the charity is registered under this Act when it is not so registered;\nfor any purpose, specifies that the purpose is sanctioned under this Act when that purpose is not so sanctioned;\nfor any entity, specifies that the entity has deemed registration under this Act when the entity is not so registered;\nshall be guilty of an offence against this Act and shall be liable to a penalty not exceeding 20 penalty units.\ns 37 amd 1981 No. 34 s 12 ; 1995 No. 58 s 4 sch 1 ; 2000 No. 5 s 461 sch 3 ; 2022 No. 23 s 55\n(sec.37-ssec.1) Every person who— being required under this Act to supply any information, produce any record, or lodge any return, fails, without reasonable excuse the proof whereof shall lie upon the person, to supply that information, produce that record, or lodge that return, as the case may be, in accordance with that requirement; being required under this Act to disclose any account or permit any inspector to inspect or make and take away a copy or extract of that account, fails, without reasonable excuse the proof whereof shall lie upon the person, to disclose that account, or to permit the inspector to inspect that account or to make and take away a copy or extract of that account, as the case may be; being required under this Act by any inspector to attend before the inspector and to be examined by the inspector fails, without reasonable excuse the proof whereof shall lie upon the person, to attend before the inspector or refuses to take an oath or affirmation or declaration instead of an oath, or refuses, without reasonable excuse the proof whereof shall lie upon the person, to answer any question put to the person by the inspector; being required under this Act to produce any money or property, fails, without reasonable excuse the proof whereof shall lie upon the person, to produce that money or property, as the case may be, in accordance with that requirement; being required under this Act to produce any document, money, property, item of value or other thing which may be required for evidence, fails, without reasonable excuse the proof whereof shall lie upon the person, to produce that document, money, property, item of value or other thing, as the case may be, in accordance with that requirement; being required under this Act to answer any question, fails, without reasonable excuse the proof whereof shall lie upon the person, to answer that question or gives any answer which the person knows to be false; assaults, resists, or obstructs an inspector in the exercise of powers or in the discharge of duties under this Act, or attempts so to do; shall be guilty of an offence against this Act.\n(sec.37-ssec.2) Every person who in relation to the making of any appeal for support— for a charity, specifies that the charity is registered under this Act when it is not so registered; for any purpose, specifies that the purpose is sanctioned under this Act when that purpose is not so sanctioned; for any entity, specifies that the entity has deemed registration under this Act when the entity is not so registered; shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding 20 penalty units.\n- (a) being required under this Act to supply any information, produce any record, or lodge any return, fails, without reasonable excuse the proof whereof shall lie upon the person, to supply that information, produce that record, or lodge that return, as the case may be, in accordance with that requirement;\n- (b) being required under this Act to disclose any account or permit any inspector to inspect or make and take away a copy or extract of that account, fails, without reasonable excuse the proof whereof shall lie upon the person, to disclose that account, or to permit the inspector to inspect that account or to make and take away a copy or extract of that account, as the case may be;\n- (c) being required under this Act by any inspector to attend before the inspector and to be examined by the inspector fails, without reasonable excuse the proof whereof shall lie upon the person, to attend before the inspector or refuses to take an oath or affirmation or declaration instead of an oath, or refuses, without reasonable excuse the proof whereof shall lie upon the person, to answer any question put to the person by the inspector;\n- (d) being required under this Act to produce any money or property, fails, without reasonable excuse the proof whereof shall lie upon the person, to produce that money or property, as the case may be, in accordance with that requirement;\n- (e) being required under this Act to produce any document, money, property, item of value or other thing which may be required for evidence, fails, without reasonable excuse the proof whereof shall lie upon the person, to produce that document, money, property, item of value or other thing, as the case may be, in accordance with that requirement;\n- (f) being required under this Act to answer any question, fails, without reasonable excuse the proof whereof shall lie upon the person, to answer that question or gives any answer which the person knows to be false;\n- (g) assaults, resists, or obstructs an inspector in the exercise of powers or in the discharge of duties under this Act, or attempts so to do;\n- (a) for a charity, specifies that the charity is registered under this Act when it is not so registered;\n- (b) for any purpose, specifies that the purpose is sanctioned under this Act when that purpose is not so sanctioned;\n- (c) for any entity, specifies that the entity has deemed registration under this Act when the entity is not so registered;","sortOrder":70},{"sectionNumber":"sec.38","sectionType":"section","heading":"Falsifying books etc.","content":"### sec.38 Falsifying books etc.\n\nAny person who with intent to defraud or deceive any other person—\nalters or falsifies or destroys any record, return, or other document whatsoever relating to any appeal for support for any purpose to which part 3 applies, or any property or income whatsoever of a charity or association whose objects are a community purpose; or\nmakes or concurs in the making of any entry in any such record, return, or other document; or\nomits or concurs in omitting any material particular from any such record, return, or other document;\nshall be guilty of an offence against this Act and shall be liable on conviction on indictment to imprisonment for a term not exceeding 5 years, or on summary conviction to imprisonment for a term not exceeding 12 months.\n- (a) alters or falsifies or destroys any record, return, or other document whatsoever relating to any appeal for support for any purpose to which part 3 applies, or any property or income whatsoever of a charity or association whose objects are a community purpose; or\n- (b) makes or concurs in the making of any entry in any such record, return, or other document; or\n- (c) omits or concurs in omitting any material particular from any such record, return, or other document;","sortOrder":71},{"sectionNumber":"sec.39","sectionType":"section","heading":"Converting moneys etc.","content":"### sec.39 Converting moneys etc.\n\nAny person making or causing to be made or assisting to make or taking part in any appeal for support for any purpose to which part 3 applies, or in the management, supervision, administration or control of any property or income of a charity or association whose objects are a community purpose, who converts unlawfully to the person’s own use or fails to account properly for any money or articles obtained in the course of such appeal for support or for any such property or income shall be guilty of an offence against this Act and shall be liable on conviction on indictment to imprisonment for a term not exceeding 5 years, or on summary conviction to imprisonment for a term not exceeding 12 months.","sortOrder":72},{"sectionNumber":"sec.39A","sectionType":"section","heading":"Trading by reference to charities prohibited","content":"### sec.39A Trading by reference to charities prohibited\n\nA person who save in accordance with an authority to make or assist in making an appeal for support in accordance with the provisions of this Act, or save in connection with an appeal for support to which this Act is expressed not to apply—\nsells, offers to sell or procures any other person to sell any article; and\nin connection with such sale or offer for sale makes or procures another to make any representation expressed or implied and whether made verbally, or by writing or conduct, that the proceeds of such sale or any part thereof will be contributed to charities in general, a particular charity, or any community purpose whether upon the fulfilment of a further condition or otherwise;\nis guilty of an offence against this Act.\nAny person guilty of an offence against this section shall be liable—\nfor the first offence to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding 3 months;\nfor a second or subsequent offence to a fine not exceeding 40 penalty units or to imprisonment for a term not exceeding 6 months.\ns 39A ins 1981 No. 34 s 13\namd 24 May 1994 RA s 39; 1995 No. 58 s 4 sch 1\n(sec.39A-ssec.1) A person who save in accordance with an authority to make or assist in making an appeal for support in accordance with the provisions of this Act, or save in connection with an appeal for support to which this Act is expressed not to apply— sells, offers to sell or procures any other person to sell any article; and in connection with such sale or offer for sale makes or procures another to make any representation expressed or implied and whether made verbally, or by writing or conduct, that the proceeds of such sale or any part thereof will be contributed to charities in general, a particular charity, or any community purpose whether upon the fulfilment of a further condition or otherwise; is guilty of an offence against this Act.\n(sec.39A-ssec.2) Any person guilty of an offence against this section shall be liable— for the first offence to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding 3 months; for a second or subsequent offence to a fine not exceeding 40 penalty units or to imprisonment for a term not exceeding 6 months.\n- (a) sells, offers to sell or procures any other person to sell any article; and\n- (b) in connection with such sale or offer for sale makes or procures another to make any representation expressed or implied and whether made verbally, or by writing or conduct, that the proceeds of such sale or any part thereof will be contributed to charities in general, a particular charity, or any community purpose whether upon the fulfilment of a further condition or otherwise;\n- (a) for the first offence to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding 3 months;\n- (b) for a second or subsequent offence to a fine not exceeding 40 penalty units or to imprisonment for a term not exceeding 6 months.","sortOrder":73},{"sectionNumber":"sec.39B","sectionType":"section","heading":"Obtaining of information by police officers","content":"### sec.39B Obtaining of information by police officers\n\ns 39B ins 1981 No. 34 s 14\nom 2000 No. 5 s 461 sch 3","sortOrder":74},{"sectionNumber":"sec.40","sectionType":"section","heading":"Offences and penalties","content":"### sec.40 Offences and penalties\n\nAny person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence.\nAny person guilty of an offence against this Act shall be liable, unless some specific penalty is prescribed by this Act for such offence, to a penalty not exceeding 20 penalty units.\nSubject to the provisions of this Act relating to the prosecution upon indictment for certain offences hereunder, any offence against this Act may be prosecuted in a summary way under the Justices Act 1886 .\nNothing in this Act contained shall render any person compellable to answer any question incriminating or tending to incriminate himself or herself.\ns 40 amd 1981 No. 34 s 15 ; 1995 No. 58 s 4 sch 1\n(sec.40-ssec.1) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence.\n(sec.40-ssec.2) Any person guilty of an offence against this Act shall be liable, unless some specific penalty is prescribed by this Act for such offence, to a penalty not exceeding 20 penalty units.\n(sec.40-ssec.3) Subject to the provisions of this Act relating to the prosecution upon indictment for certain offences hereunder, any offence against this Act may be prosecuted in a summary way under the Justices Act 1886 .\n(sec.40-ssec.4) Nothing in this Act contained shall render any person compellable to answer any question incriminating or tending to incriminate himself or herself.","sortOrder":75},{"sectionNumber":"sec.41","sectionType":"section","heading":"Saving of remedies","content":"### sec.41 Saving of remedies\n\nNo proceeding or conviction for any offence against this Act shall affect any civil right or remedy to which any person aggrieved by the offence may be entitled.","sortOrder":76},{"sectionNumber":"sec.42","sectionType":"section","heading":"Service of notices etc.","content":"### sec.42 Service of notices etc.\n\nUnless otherwise indicated by this Act, any requirement, direction, determination, approval, order, notice, or other authority under or for the purposes of this Act, may be given, served, made known, or published—\nby delivering or giving the same to the person concerned personally; or\nby prepaid post letter containing the same, addressed to the person concerned at the person’s last known or usual business or residential address and sent by ordinary post; or\nby prepaid telegram, or registered letter or certified mail letter containing the same, sent or addressed to the person concerned at the person’s last known or usual business or residential address; or\nby such other means as the Minister may direct.\n- (a) by delivering or giving the same to the person concerned personally; or\n- (b) by prepaid post letter containing the same, addressed to the person concerned at the person’s last known or usual business or residential address and sent by ordinary post; or\n- (c) by prepaid telegram, or registered letter or certified mail letter containing the same, sent or addressed to the person concerned at the person’s last known or usual business or residential address; or\n- (d) by such other means as the Minister may direct.","sortOrder":77},{"sectionNumber":"sec.42A","sectionType":"section","heading":"Approval of forms","content":"### sec.42A Approval of forms\n\nThe chief executive may approve forms for use under this Act.\ns 42A ins 1995 No. 57 s 4 sch 1","sortOrder":78},{"sectionNumber":"sec.43","sectionType":"section","heading":"Facilitation of proof","content":"### sec.43 Facilitation of proof\n\nIn any proceedings under or for the purposes of this Act—\nit shall not be necessary to prove the appointment of the chief executive or of any inspector or other officer appointed under this Act;\na signature purporting to be that of the Minister or of the chief executive or of any inspector or other officer appointed under this Act shall be taken to be the signature it purports to be until the contrary is proved;\nit shall not be necessary to prove the limits of any city or town or part of the State specified, or of any locality or street nominated, under or for the purposes of this Act, but this paragraph shall not prejudice the right of any defendant to prove those limits;\na document purporting to be signed by the chief executive or by a prescribed person and purporting to be a copy of or extract from any entry in the register of charities under this Act or purporting to be a copy of any application, certificate, determination, sanction, order, direction, request, or requirement under this Act shall, upon its production in evidence be evidence of the matters contained therein, and in the absence of evidence in rebuttal thereof shall be conclusive evidence thereof;\na document purporting to be signed by the chief executive and stating that at any specified time there was or there was not in force a sanction under this Act as stated therein, or that any sanction was or was not issued subject to conditions, shall upon its production in evidence be evidence of the matters contained in that document and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters;\nthe allegation in the indictment or complaint that any association is or is not a charity, or association whose objects are a community purpose, or that any specified purpose is or is not a charitable purpose or community purpose or a purpose to which part 3 applies or that any charity is or is not registered as such under this Act or that an appeal for support for a purpose specified or that a specified person made or caused to be made or assisted in making or took part in an appeal for support specified shall be evidence of the matter alleged and, in the absence of evidence in rebuttal thereof, shall be conclusive such evidence;\na document purporting to be signed by the chief executive stating that at a specified time or during a specified period there was or was not in force an authority under this Act, as described in the document, issued to a specified person and that such authority was or was not subject to the terms, conditions or restrictions set out in the document shall, upon its production, be evidence, and in the absence of evidence to the contrary conclusive evidence, of the matters contained in that document;\nan allegation or averment in the indictment or complaint that at the time when a person committed the act or acts of which the complaint is made that person was not acting in connection with an appeal for support to which this Act is expressed not to apply shall be evidence, and, in the absence of evidence to the contrary, conclusive evidence of that allegation or averment.\nAny determination, approval, registration, sanction, assignment, nomination, requirement, direction, order, or other act of authority, made, given, or issued by the Minister under or for the purposes of this Act may be notified by the Minister in the gazette and thereupon the same shall be judicially noticed.\ns 43 amd 1981 No. 34 s 16 ; 1989 No. 103 s 3 sch ; 1990 No. 80 s 3 sch 6 ; 2000 No. 5 s 461 sch 3\n(sec.43-ssec.1) In any proceedings under or for the purposes of this Act— it shall not be necessary to prove the appointment of the chief executive or of any inspector or other officer appointed under this Act; a signature purporting to be that of the Minister or of the chief executive or of any inspector or other officer appointed under this Act shall be taken to be the signature it purports to be until the contrary is proved; it shall not be necessary to prove the limits of any city or town or part of the State specified, or of any locality or street nominated, under or for the purposes of this Act, but this paragraph shall not prejudice the right of any defendant to prove those limits; a document purporting to be signed by the chief executive or by a prescribed person and purporting to be a copy of or extract from any entry in the register of charities under this Act or purporting to be a copy of any application, certificate, determination, sanction, order, direction, request, or requirement under this Act shall, upon its production in evidence be evidence of the matters contained therein, and in the absence of evidence in rebuttal thereof shall be conclusive evidence thereof; a document purporting to be signed by the chief executive and stating that at any specified time there was or there was not in force a sanction under this Act as stated therein, or that any sanction was or was not issued subject to conditions, shall upon its production in evidence be evidence of the matters contained in that document and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters; the allegation in the indictment or complaint that any association is or is not a charity, or association whose objects are a community purpose, or that any specified purpose is or is not a charitable purpose or community purpose or a purpose to which part 3 applies or that any charity is or is not registered as such under this Act or that an appeal for support for a purpose specified or that a specified person made or caused to be made or assisted in making or took part in an appeal for support specified shall be evidence of the matter alleged and, in the absence of evidence in rebuttal thereof, shall be conclusive such evidence; a document purporting to be signed by the chief executive stating that at a specified time or during a specified period there was or was not in force an authority under this Act, as described in the document, issued to a specified person and that such authority was or was not subject to the terms, conditions or restrictions set out in the document shall, upon its production, be evidence, and in the absence of evidence to the contrary conclusive evidence, of the matters contained in that document; an allegation or averment in the indictment or complaint that at the time when a person committed the act or acts of which the complaint is made that person was not acting in connection with an appeal for support to which this Act is expressed not to apply shall be evidence, and, in the absence of evidence to the contrary, conclusive evidence of that allegation or averment.\n(sec.43-ssec.2) Any determination, approval, registration, sanction, assignment, nomination, requirement, direction, order, or other act of authority, made, given, or issued by the Minister under or for the purposes of this Act may be notified by the Minister in the gazette and thereupon the same shall be judicially noticed.\n- (a) it shall not be necessary to prove the appointment of the chief executive or of any inspector or other officer appointed under this Act;\n- (b) a signature purporting to be that of the Minister or of the chief executive or of any inspector or other officer appointed under this Act shall be taken to be the signature it purports to be until the contrary is proved;\n- (c) it shall not be necessary to prove the limits of any city or town or part of the State specified, or of any locality or street nominated, under or for the purposes of this Act, but this paragraph shall not prejudice the right of any defendant to prove those limits;\n- (d) a document purporting to be signed by the chief executive or by a prescribed person and purporting to be a copy of or extract from any entry in the register of charities under this Act or purporting to be a copy of any application, certificate, determination, sanction, order, direction, request, or requirement under this Act shall, upon its production in evidence be evidence of the matters contained therein, and in the absence of evidence in rebuttal thereof shall be conclusive evidence thereof;\n- (e) a document purporting to be signed by the chief executive and stating that at any specified time there was or there was not in force a sanction under this Act as stated therein, or that any sanction was or was not issued subject to conditions, shall upon its production in evidence be evidence of the matters contained in that document and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters;\n- (f) the allegation in the indictment or complaint that any association is or is not a charity, or association whose objects are a community purpose, or that any specified purpose is or is not a charitable purpose or community purpose or a purpose to which part 3 applies or that any charity is or is not registered as such under this Act or that an appeal for support for a purpose specified or that a specified person made or caused to be made or assisted in making or took part in an appeal for support specified shall be evidence of the matter alleged and, in the absence of evidence in rebuttal thereof, shall be conclusive such evidence;\n- (g) a document purporting to be signed by the chief executive stating that at a specified time or during a specified period there was or was not in force an authority under this Act, as described in the document, issued to a specified person and that such authority was or was not subject to the terms, conditions or restrictions set out in the document shall, upon its production, be evidence, and in the absence of evidence to the contrary conclusive evidence, of the matters contained in that document;\n- (h) an allegation or averment in the indictment or complaint that at the time when a person committed the act or acts of which the complaint is made that person was not acting in connection with an appeal for support to which this Act is expressed not to apply shall be evidence, and, in the absence of evidence to the contrary, conclusive evidence of that allegation or averment.","sortOrder":79},{"sectionNumber":"sec.44","sectionType":"section","heading":"Persons to perform duties","content":"### sec.44 Persons to perform duties\n\nWhere by any provision of this Act a duty is cast upon a charity or association or where by or under any provision of this Act any charity or association is ordered, directed, requested or required to do or omit to do any act or thing or to observe any condition or other matter but no reference is made in such provision, order, direction, request, or requirement to any person or class of persons who shall act on behalf of the charity or association in the performance of that duty or in the compliance with such provision, order, direction, request or requirement or in the observance of such condition or other matter then each member of the governing body of the charity or association, as the case may be, shall perform that duty, or comply with such provision, order, direction, request, or requirement, or observe such condition or other matter as the case requires.","sortOrder":80},{"sectionNumber":"sec.45","sectionType":"section","heading":"Constitution not to provide defence etc.","content":"### sec.45 Constitution not to provide defence etc.\n\nWhere proceedings as for an offence may be taken under this Act against more than 1 of a number of persons, the proceedings may be taken against any of those persons.\nIt shall be no defence to any proceedings under this Act against any person as for an offence against this Act to allege that by the constitution of any charity or association any duties which may be material to those proceedings are required to be performed by some other person or persons.\n(sec.45-ssec.1) Where proceedings as for an offence may be taken under this Act against more than 1 of a number of persons, the proceedings may be taken against any of those persons.\n(sec.45-ssec.2) It shall be no defence to any proceedings under this Act against any person as for an offence against this Act to allege that by the constitution of any charity or association any duties which may be material to those proceedings are required to be performed by some other person or persons.","sortOrder":81},{"sectionNumber":"sec.46","sectionType":"section","heading":"Limitation of actions","content":"### sec.46 Limitation of actions\n\nNo matter or thing done by the Minister or by the chief executive, or by any inspector, or by any police officer or by any other person, in good faith and without negligence for the purpose of executing this Act or in the execution of his or her powers and duties under this Act, shall subject the Crown, or the Minister, or the chief executive, inspector, or police officer, or other person as aforesaid to any liability in respect thereof.\ns 46 amd 1981 No. 34 s 17 ; 1990 No. 80 s 3 sch 6","sortOrder":82},{"sectionNumber":"sec.47","sectionType":"section","heading":"Regulation-making power","content":"### sec.47 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nThe approval by the Minister, pursuant to regulations made under the authority of subsection (3) (q) , of a contract or agreement in relation to an appeal for support, or the making of the appeal under and in compliance in every respect with the terms and conditions of the contract or agreement so approved, shall not authorise, justify or excuse any act or omission which is an offence against this Act.\nRegulations may be made for or in respect of all or any of the following purposes, matters and things—\nprescribing the persons by and to whom applications under this Act shall be made and to whom certificates, sanctions, approvals, and other authorities under this Act shall be issued, given, or granted;\nprescribing any matters or things with respect to the giving, serving, making known, publishing, and recording of any revocations, removals, requirements, directions, orders, determinations, approvals, notices, and other acts of authority under or for the purposes of this Act including, but without limiting the generality of the aforegoing, the manner thereof and the persons to and on whom the acts of authority shall be given, served, or made known;\nprescribing the occasions on which the Minister may require, direct, or order any action to be taken or thing to be done under and for the purposes of this Act;\nprescribing, in relation to local or affiliated branches or sections of any associations and the central bodies of those associations, the duties of the governing bodies of the local or affiliated branches or sections and of the governing body of the central body of each association respectively for the purposes of all or any of the provisions of this Act or with respect to any appeals for support made by or on behalf of or for the purposes of the association or of the local or affiliated branch or section;\nprescribing any matter or thing for the purpose of distinguishing, in the application of any of the provisions of this Act, between appeals for support made by any local or affiliated branch or section for its own objects and the objects generally of the association;\nprescribing conditions to which any registration under section 19 (1) or 23B , sanction, or other act of authority granted, given, or issued shall be subjected and conditions subject to which all or any appeals for support for any purpose may be permitted;\nprescribing, regulating, and controlling any matters or things necessary or desirable with respect to the recording of all sanctions given under this Act, including of the conditions to which any sanctions are subjected, of sanctions revoked, and of applications for sanctions refused, and of permits and registrations which by this Act are regarded as sanctions given under this Act;\nwith respect to the keeping of true and correct records and the division of the records of sanctions given between sanctions of various classes;\nprescribing the person by whom or the place where those records are to be kept, the particulars to be entered therein;\nproviding for, regulating and controlling alterations of any sanctions or of any particulars in any record, the informing of the public of any information relating to those sanctions and of applications therefor, and the inspection by the public of those records;\nprescribing the occasions when fees shall be payable for furnishing copies of or extracts from any record and prescribing those fees;\nprescribing for the Minister to have authority to approve, at the Minister’s discretion, the destruction of records held in relation to a sanction issued under this Act for a specific period of time for a purpose to which this Act applies;\nprescribing, regulating and controlling all or any matters necessary or desirable with respect to the giving of sanctions the revocation or surrender of sanctions, and the amendment by the issuing authority of any sanctions given;\nprescribing, regulating and controlling the making of all or any appeals for support for any purpose, whether a purpose to which part 3 applies or not, including such provisions as are necessary or desirable for safeguarding the public from fraud or deceit or cheating, the ensuring of the true and correct accounting for and recording of all moneys and property received in and resulting from the appeals, the true and correct accounting for and recording of all expenditure incurred in connection with the appeals, and the handing over to the purpose for which the appeals are made all moneys and property resulting from the appeals;\nprescribing, regulating and controlling all or any of the expenses, including the amount thereof, (and including salaries, commissions, wages and fees and other remuneration of promoters, agents, collectors, and other persons) in relation to all or any appeals for support for any purpose to which part 3 applies;\nprescribing, regulating, and controlling all or any agreements or contracts between all or any commercial undertakings, associations, persons or individuals and all or any charities or associations in relation to all or any appeals for support for any purpose to which part 3 applies;\nrequiring, in relation to all or any such appeals, that all or any such contracts or agreements shall be approved by the Minister and, where such approval of a contract or agreement relating to an appeal is so required, prohibiting any person from making the appeal except under and in compliance in every respect with the terms and conditions of an agreement or contract so approved;\nprescribing special provisions, including the conditions under which such appeals may be permitted, in relation to door-to-door appeals and street collections for the purposes of part 4 and for safeguarding the public and to ensure true and correct accounting and records in relation to those classes of appeals;\nproviding for payment without deduction of all moneys raised by or resulting from any appeal for support including door-to-door appeals and street collections for any purpose to which part 3 applies to separate accounts in financial institutions carrying on business in Queensland and regulating and controlling names in which those accounts shall be opened and kept, and the manner by which and with respect to which payments and orders and requests for payments from such accounts may be made;\nensuring that moneys or property resulting from all or any appeals for support are applied for the purpose for which the appeals are made;\nprescribing for the purposes of section 17 the conditions under which persons may be permitted to make or cause to be made door-to-door appeals and street collections;\nregulating and controlling for the purposes of section 18 , the distribution and disposal of any device within the meaning of that section;\nregulating and controlling the investment of moneys, for the purpose for which they are raised or vested, resulting from any appeals for support, by charities and associations;\nregulating and controlling the manner of conversion of articles and other property resulting from any appeals for support, into moneys;\nprescribing the form of register of charities to be kept for the purposes of this Act, and the particulars to be entered therein;\nproviding for a record of applications for registration refused and of removals from the register, and with respect to parents and citizens associations whose objects are taken to be sanctioned under this Act;\nproviding for the keeping of a true and correct register, and of true and correct records;\nproviding for, regulating and controlling the alteration of all or any of those particulars required by this Act to be entered in the register of charities, and for the informing of the public of the names and objects of charities registered under this Act and of any other information relating thereto and of applications for registration and of removals from the register;\nprescribing the occasions when fees shall be payable for furnishing copies of, or extracts from, any entries in the register and prescribing those fees;\nprescribing all or any matters and things considered necessary or desirable with respect to the surrender by any charities of their certificates of registration under this Act and to the consequent removal of those charities from the register of charities and providing for, regulating and controlling the disposal or distribution of the moneys or property of any charity removed from the register of charities;\nproviding for any matters or things relating to the division of charities registered under this Act into the classes of exempted charities and non-exempted charities, including the returns to be lodged by charities of each class;\nproviding for, regulating and controlling any matters or things considered necessary or desirable in relation to inquiries and investigations under or for the purposes of this Act;\n(with respect to all or any charities, all or any associations whose objects are a community purpose, and all or any appeals for support for any purpose to which any of the provisions of this Act applies) prescribing the records to be kept, the mode of keeping and maintaining those records, providing for the handing over and destruction of those records;\nprescribing the financial statements to be prepared, the times for and the manner of the preparation of those statements, the form of and the information to be contained in such statements, providing for the laying of those statements at meetings and otherwise for the publication thereof, providing for their inspection, whether by the public or others, providing for the lodgement with the chief executive of copies thereof, and providing for the dealing with those statements otherwise;\nproviding for the lodgement with the chief executive of returns and the times for their lodgement, prescribing the form of returns and the information to be contained therein, and providing otherwise in respect of those returns;\nproviding all or any matters and things necessary or desirable in relation to the audit of the records, moneys and property before the financial statements are dealt with or the returns lodged with the chief executive, as prescribed;\nproviding for, regulating and controlling the inspection, examination, and audit connected with any such inspection or examination, of any record, moneys, and property under and for the purposes of this Act;\nproviding for, and regulating and controlling the seizure of any records and other things upon any contravention of this Act or otherwise for the purposes of this Act;\nprescribing, regulating and controlling the powers, functions, and duties of the chief executive, the public trustee, clerks of the courts, inspectors and other officers for the purposes of any of the provisions of this Act;\nprescribing the amount of any penalty or other punishment for any offence against any regulation, provided that any such penalty shall not exceed 20 penalty units;\nregulating and controlling advertisements of all or any appeals for support for all or any purposes;\ndefining any term or expression in and for the purposes of this Act;\nprescribing the conditions under which collecting boxes for moneys and collecting receptacles for articles may be permitted to be left for use at or in places of residence, places of employment, places of public resort, public places, and other places in connection with all or any appeals for support for any purpose, including the conditions subject to which those boxes and receptacles may be used, and moneys and articles therefrom collected;\nprescribing the conditions under which all or any collections may be permitted to be made;\nprescribing, regulating and controlling the use of boxes and receptacles in making collections, including the standards of construction of all or any such boxes and receptacles;\nprohibiting the use of any box or receptacle which does not comply with the prescribed standards;\nproviding for the notification of any change in the membership of the governing body of any charity registered under this Act or association whose objects are a community purpose and otherwise for the enabling of a true and correct record to be kept by the chief executive of the governing body and of such other officers as may be prescribed of those charities and associations.\nIf a provision of this Act empowers a regulation to prescribe, for a particular purpose, a class of association or charity, the regulation may prescribe a class by reference to—\nthe revenue, assets, or other financial characteristics of an association or charity; or\nwhether an association or charity is registered under an Act of the Commonwealth or a State; or\nwhether an association or charity is required to prepare and submit financial statements under an Act of the Commonwealth or a State; or\nthe objects for an association or charity; or\nany other matter relevant to the purpose.\ns 47 amd 1981 No. 34 s 18 ; 1989 No. 6 s 8 ; 1990 No. 80 s 3 sch 6 ; 1992 No. 12 s 66 sch ; 1993 No. 32 s 3 sch 1 (amd 1994 No. 15 ); 1995 No. 57 s 4 sch 1 ; 1995 No. 58 s 4 sch 1 ; 1997 No. 82 s 3 sch ; 1999 No. 27 s 76 sch 1 pt 3 ; 2000 No. 5 s 461 sch 3 ; 2000 No. 24 s 33 ; 2006 No. 39 s 512 (1) sch 1 ; 2020 No. 17 s 58 ; 2022 No. 23 s 56\n(sec.47-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.47-ssec.2) The approval by the Minister, pursuant to regulations made under the authority of subsection (3) (q) , of a contract or agreement in relation to an appeal for support, or the making of the appeal under and in compliance in every respect with the terms and conditions of the contract or agreement so approved, shall not authorise, justify or excuse any act or omission which is an offence against this Act.\n(sec.47-ssec.3) Regulations may be made for or in respect of all or any of the following purposes, matters and things— prescribing the persons by and to whom applications under this Act shall be made and to whom certificates, sanctions, approvals, and other authorities under this Act shall be issued, given, or granted; prescribing any matters or things with respect to the giving, serving, making known, publishing, and recording of any revocations, removals, requirements, directions, orders, determinations, approvals, notices, and other acts of authority under or for the purposes of this Act including, but without limiting the generality of the aforegoing, the manner thereof and the persons to and on whom the acts of authority shall be given, served, or made known; prescribing the occasions on which the Minister may require, direct, or order any action to be taken or thing to be done under and for the purposes of this Act; prescribing, in relation to local or affiliated branches or sections of any associations and the central bodies of those associations, the duties of the governing bodies of the local or affiliated branches or sections and of the governing body of the central body of each association respectively for the purposes of all or any of the provisions of this Act or with respect to any appeals for support made by or on behalf of or for the purposes of the association or of the local or affiliated branch or section; prescribing any matter or thing for the purpose of distinguishing, in the application of any of the provisions of this Act, between appeals for support made by any local or affiliated branch or section for its own objects and the objects generally of the association; prescribing conditions to which any registration under section 19 (1) or 23B , sanction, or other act of authority granted, given, or issued shall be subjected and conditions subject to which all or any appeals for support for any purpose may be permitted; prescribing, regulating, and controlling any matters or things necessary or desirable with respect to the recording of all sanctions given under this Act, including of the conditions to which any sanctions are subjected, of sanctions revoked, and of applications for sanctions refused, and of permits and registrations which by this Act are regarded as sanctions given under this Act; with respect to the keeping of true and correct records and the division of the records of sanctions given between sanctions of various classes; prescribing the person by whom or the place where those records are to be kept, the particulars to be entered therein; providing for, regulating and controlling alterations of any sanctions or of any particulars in any record, the informing of the public of any information relating to those sanctions and of applications therefor, and the inspection by the public of those records; prescribing the occasions when fees shall be payable for furnishing copies of or extracts from any record and prescribing those fees; prescribing for the Minister to have authority to approve, at the Minister’s discretion, the destruction of records held in relation to a sanction issued under this Act for a specific period of time for a purpose to which this Act applies; prescribing, regulating and controlling all or any matters necessary or desirable with respect to the giving of sanctions the revocation or surrender of sanctions, and the amendment by the issuing authority of any sanctions given; prescribing, regulating and controlling the making of all or any appeals for support for any purpose, whether a purpose to which part 3 applies or not, including such provisions as are necessary or desirable for safeguarding the public from fraud or deceit or cheating, the ensuring of the true and correct accounting for and recording of all moneys and property received in and resulting from the appeals, the true and correct accounting for and recording of all expenditure incurred in connection with the appeals, and the handing over to the purpose for which the appeals are made all moneys and property resulting from the appeals; prescribing, regulating and controlling all or any of the expenses, including the amount thereof, (and including salaries, commissions, wages and fees and other remuneration of promoters, agents, collectors, and other persons) in relation to all or any appeals for support for any purpose to which part 3 applies; prescribing, regulating, and controlling all or any agreements or contracts between all or any commercial undertakings, associations, persons or individuals and all or any charities or associations in relation to all or any appeals for support for any purpose to which part 3 applies; requiring, in relation to all or any such appeals, that all or any such contracts or agreements shall be approved by the Minister and, where such approval of a contract or agreement relating to an appeal is so required, prohibiting any person from making the appeal except under and in compliance in every respect with the terms and conditions of an agreement or contract so approved; prescribing special provisions, including the conditions under which such appeals may be permitted, in relation to door-to-door appeals and street collections for the purposes of part 4 and for safeguarding the public and to ensure true and correct accounting and records in relation to those classes of appeals; providing for payment without deduction of all moneys raised by or resulting from any appeal for support including door-to-door appeals and street collections for any purpose to which part 3 applies to separate accounts in financial institutions carrying on business in Queensland and regulating and controlling names in which those accounts shall be opened and kept, and the manner by which and with respect to which payments and orders and requests for payments from such accounts may be made; ensuring that moneys or property resulting from all or any appeals for support are applied for the purpose for which the appeals are made; prescribing for the purposes of section 17 the conditions under which persons may be permitted to make or cause to be made door-to-door appeals and street collections; regulating and controlling for the purposes of section 18 , the distribution and disposal of any device within the meaning of that section; regulating and controlling the investment of moneys, for the purpose for which they are raised or vested, resulting from any appeals for support, by charities and associations; regulating and controlling the manner of conversion of articles and other property resulting from any appeals for support, into moneys; prescribing the form of register of charities to be kept for the purposes of this Act, and the particulars to be entered therein; providing for a record of applications for registration refused and of removals from the register, and with respect to parents and citizens associations whose objects are taken to be sanctioned under this Act; providing for the keeping of a true and correct register, and of true and correct records; providing for, regulating and controlling the alteration of all or any of those particulars required by this Act to be entered in the register of charities, and for the informing of the public of the names and objects of charities registered under this Act and of any other information relating thereto and of applications for registration and of removals from the register; prescribing the occasions when fees shall be payable for furnishing copies of, or extracts from, any entries in the register and prescribing those fees; prescribing all or any matters and things considered necessary or desirable with respect to the surrender by any charities of their certificates of registration under this Act and to the consequent removal of those charities from the register of charities and providing for, regulating and controlling the disposal or distribution of the moneys or property of any charity removed from the register of charities; providing for any matters or things relating to the division of charities registered under this Act into the classes of exempted charities and non-exempted charities, including the returns to be lodged by charities of each class; providing for, regulating and controlling any matters or things considered necessary or desirable in relation to inquiries and investigations under or for the purposes of this Act; (with respect to all or any charities, all or any associations whose objects are a community purpose, and all or any appeals for support for any purpose to which any of the provisions of this Act applies) prescribing the records to be kept, the mode of keeping and maintaining those records, providing for the handing over and destruction of those records; prescribing the financial statements to be prepared, the times for and the manner of the preparation of those statements, the form of and the information to be contained in such statements, providing for the laying of those statements at meetings and otherwise for the publication thereof, providing for their inspection, whether by the public or others, providing for the lodgement with the chief executive of copies thereof, and providing for the dealing with those statements otherwise; providing for the lodgement with the chief executive of returns and the times for their lodgement, prescribing the form of returns and the information to be contained therein, and providing otherwise in respect of those returns; providing all or any matters and things necessary or desirable in relation to the audit of the records, moneys and property before the financial statements are dealt with or the returns lodged with the chief executive, as prescribed; providing for, regulating and controlling the inspection, examination, and audit connected with any such inspection or examination, of any record, moneys, and property under and for the purposes of this Act; providing for, and regulating and controlling the seizure of any records and other things upon any contravention of this Act or otherwise for the purposes of this Act; prescribing, regulating and controlling the powers, functions, and duties of the chief executive, the public trustee, clerks of the courts, inspectors and other officers for the purposes of any of the provisions of this Act; prescribing the amount of any penalty or other punishment for any offence against any regulation, provided that any such penalty shall not exceed 20 penalty units; regulating and controlling advertisements of all or any appeals for support for all or any purposes; defining any term or expression in and for the purposes of this Act; prescribing the conditions under which collecting boxes for moneys and collecting receptacles for articles may be permitted to be left for use at or in places of residence, places of employment, places of public resort, public places, and other places in connection with all or any appeals for support for any purpose, including the conditions subject to which those boxes and receptacles may be used, and moneys and articles therefrom collected; prescribing the conditions under which all or any collections may be permitted to be made; prescribing, regulating and controlling the use of boxes and receptacles in making collections, including the standards of construction of all or any such boxes and receptacles; prohibiting the use of any box or receptacle which does not comply with the prescribed standards; providing for the notification of any change in the membership of the governing body of any charity registered under this Act or association whose objects are a community purpose and otherwise for the enabling of a true and correct record to be kept by the chief executive of the governing body and of such other officers as may be prescribed of those charities and associations.\n(sec.47-ssec.4) If a provision of this Act empowers a regulation to prescribe, for a particular purpose, a class of association or charity, the regulation may prescribe a class by reference to— the revenue, assets, or other financial characteristics of an association or charity; or whether an association or charity is registered under an Act of the Commonwealth or a State; or whether an association or charity is required to prepare and submit financial statements under an Act of the Commonwealth or a State; or the objects for an association or charity; or any other matter relevant to the purpose.\n- (b) prescribing the persons by and to whom applications under this Act shall be made and to whom certificates, sanctions, approvals, and other authorities under this Act shall be issued, given, or granted;\n- (c) prescribing any matters or things with respect to the giving, serving, making known, publishing, and recording of any revocations, removals, requirements, directions, orders, determinations, approvals, notices, and other acts of authority under or for the purposes of this Act including, but without limiting the generality of the aforegoing, the manner thereof and the persons to and on whom the acts of authority shall be given, served, or made known;\n- (d) prescribing the occasions on which the Minister may require, direct, or order any action to be taken or thing to be done under and for the purposes of this Act;\n- (e) prescribing, in relation to local or affiliated branches or sections of any associations and the central bodies of those associations, the duties of the governing bodies of the local or affiliated branches or sections and of the governing body of the central body of each association respectively for the purposes of all or any of the provisions of this Act or with respect to any appeals for support made by or on behalf of or for the purposes of the association or of the local or affiliated branch or section;\n- (f) prescribing any matter or thing for the purpose of distinguishing, in the application of any of the provisions of this Act, between appeals for support made by any local or affiliated branch or section for its own objects and the objects generally of the association;\n- (g) prescribing conditions to which any registration under section 19 (1) or 23B , sanction, or other act of authority granted, given, or issued shall be subjected and conditions subject to which all or any appeals for support for any purpose may be permitted;\n- (h) prescribing, regulating, and controlling any matters or things necessary or desirable with respect to the recording of all sanctions given under this Act, including of the conditions to which any sanctions are subjected, of sanctions revoked, and of applications for sanctions refused, and of permits and registrations which by this Act are regarded as sanctions given under this Act;\n- (i) with respect to the keeping of true and correct records and the division of the records of sanctions given between sanctions of various classes;\n- (j) prescribing the person by whom or the place where those records are to be kept, the particulars to be entered therein;\n- (k) providing for, regulating and controlling alterations of any sanctions or of any particulars in any record, the informing of the public of any information relating to those sanctions and of applications therefor, and the inspection by the public of those records;\n- (l) prescribing the occasions when fees shall be payable for furnishing copies of or extracts from any record and prescribing those fees;\n- (m) prescribing for the Minister to have authority to approve, at the Minister’s discretion, the destruction of records held in relation to a sanction issued under this Act for a specific period of time for a purpose to which this Act applies;\n- (n) prescribing, regulating and controlling all or any matters necessary or desirable with respect to the giving of sanctions the revocation or surrender of sanctions, and the amendment by the issuing authority of any sanctions given;\n- (o) prescribing, regulating and controlling the making of all or any appeals for support for any purpose, whether a purpose to which part 3 applies or not, including such provisions as are necessary or desirable for safeguarding the public from fraud or deceit or cheating, the ensuring of the true and correct accounting for and recording of all moneys and property received in and resulting from the appeals, the true and correct accounting for and recording of all expenditure incurred in connection with the appeals, and the handing over to the purpose for which the appeals are made all moneys and property resulting from the appeals;\n- (p) prescribing, regulating and controlling all or any of the expenses, including the amount thereof, (and including salaries, commissions, wages and fees and other remuneration of promoters, agents, collectors, and other persons) in relation to all or any appeals for support for any purpose to which part 3 applies;\n- (q) prescribing, regulating, and controlling all or any agreements or contracts between all or any commercial undertakings, associations, persons or individuals and all or any charities or associations in relation to all or any appeals for support for any purpose to which part 3 applies;\n- (r) requiring, in relation to all or any such appeals, that all or any such contracts or agreements shall be approved by the Minister and, where such approval of a contract or agreement relating to an appeal is so required, prohibiting any person from making the appeal except under and in compliance in every respect with the terms and conditions of an agreement or contract so approved;\n- (s) prescribing special provisions, including the conditions under which such appeals may be permitted, in relation to door-to-door appeals and street collections for the purposes of part 4 and for safeguarding the public and to ensure true and correct accounting and records in relation to those classes of appeals;\n- (t) providing for payment without deduction of all moneys raised by or resulting from any appeal for support including door-to-door appeals and street collections for any purpose to which part 3 applies to separate accounts in financial institutions carrying on business in Queensland and regulating and controlling names in which those accounts shall be opened and kept, and the manner by which and with respect to which payments and orders and requests for payments from such accounts may be made;\n- (u) ensuring that moneys or property resulting from all or any appeals for support are applied for the purpose for which the appeals are made;\n- (v) prescribing for the purposes of section 17 the conditions under which persons may be permitted to make or cause to be made door-to-door appeals and street collections;\n- (w) regulating and controlling for the purposes of section 18 , the distribution and disposal of any device within the meaning of that section;\n- (x) regulating and controlling the investment of moneys, for the purpose for which they are raised or vested, resulting from any appeals for support, by charities and associations;\n- (y) regulating and controlling the manner of conversion of articles and other property resulting from any appeals for support, into moneys;\n- (z) prescribing the form of register of charities to be kept for the purposes of this Act, and the particulars to be entered therein;\n- (za) providing for a record of applications for registration refused and of removals from the register, and with respect to parents and citizens associations whose objects are taken to be sanctioned under this Act;\n- (zb) providing for the keeping of a true and correct register, and of true and correct records;\n- (zc) providing for, regulating and controlling the alteration of all or any of those particulars required by this Act to be entered in the register of charities, and for the informing of the public of the names and objects of charities registered under this Act and of any other information relating thereto and of applications for registration and of removals from the register;\n- (zd) prescribing the occasions when fees shall be payable for furnishing copies of, or extracts from, any entries in the register and prescribing those fees;\n- (ze) prescribing all or any matters and things considered necessary or desirable with respect to the surrender by any charities of their certificates of registration under this Act and to the consequent removal of those charities from the register of charities and providing for, regulating and controlling the disposal or distribution of the moneys or property of any charity removed from the register of charities;\n- (zf) providing for any matters or things relating to the division of charities registered under this Act into the classes of exempted charities and non-exempted charities, including the returns to be lodged by charities of each class;\n- (zg) providing for, regulating and controlling any matters or things considered necessary or desirable in relation to inquiries and investigations under or for the purposes of this Act;\n- (zh) (with respect to all or any charities, all or any associations whose objects are a community purpose, and all or any appeals for support for any purpose to which any of the provisions of this Act applies) prescribing the records to be kept, the mode of keeping and maintaining those records, providing for the handing over and destruction of those records;\n- (zi) prescribing the financial statements to be prepared, the times for and the manner of the preparation of those statements, the form of and the information to be contained in such statements, providing for the laying of those statements at meetings and otherwise for the publication thereof, providing for their inspection, whether by the public or others, providing for the lodgement with the chief executive of copies thereof, and providing for the dealing with those statements otherwise;\n- (zj) providing for the lodgement with the chief executive of returns and the times for their lodgement, prescribing the form of returns and the information to be contained therein, and providing otherwise in respect of those returns;\n- (zk) providing all or any matters and things necessary or desirable in relation to the audit of the records, moneys and property before the financial statements are dealt with or the returns lodged with the chief executive, as prescribed;\n- (zl) providing for, regulating and controlling the inspection, examination, and audit connected with any such inspection or examination, of any record, moneys, and property under and for the purposes of this Act;\n- (zm) providing for, and regulating and controlling the seizure of any records and other things upon any contravention of this Act or otherwise for the purposes of this Act;\n- (zn) prescribing, regulating and controlling the powers, functions, and duties of the chief executive, the public trustee, clerks of the courts, inspectors and other officers for the purposes of any of the provisions of this Act;\n- (zo) prescribing the amount of any penalty or other punishment for any offence against any regulation, provided that any such penalty shall not exceed 20 penalty units;\n- (zq) regulating and controlling advertisements of all or any appeals for support for all or any purposes;\n- (zr) defining any term or expression in and for the purposes of this Act;\n- (zs) prescribing the conditions under which collecting boxes for moneys and collecting receptacles for articles may be permitted to be left for use at or in places of residence, places of employment, places of public resort, public places, and other places in connection with all or any appeals for support for any purpose, including the conditions subject to which those boxes and receptacles may be used, and moneys and articles therefrom collected;\n- (zt) prescribing the conditions under which all or any collections may be permitted to be made;\n- (zu) prescribing, regulating and controlling the use of boxes and receptacles in making collections, including the standards of construction of all or any such boxes and receptacles;\n- (zv) prohibiting the use of any box or receptacle which does not comply with the prescribed standards;\n- (zw) providing for the notification of any change in the membership of the governing body of any charity registered under this Act or association whose objects are a community purpose and otherwise for the enabling of a true and correct record to be kept by the chief executive of the governing body and of such other officers as may be prescribed of those charities and associations.\n- (a) the revenue, assets, or other financial characteristics of an association or charity; or\n- (b) whether an association or charity is registered under an Act of the Commonwealth or a State; or\n- (c) whether an association or charity is required to prepare and submit financial statements under an Act of the Commonwealth or a State; or\n- (d) the objects for an association or charity; or\n- (e) any other matter relevant to the purpose.","sortOrder":83},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":84},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Transitional provision for Audit Legislation Amendment Act 2006","content":"## Transitional provision for Audit Legislation Amendment Act 2006","sortOrder":85},{"sectionNumber":"sec.48","sectionType":"section","heading":"Transitional provision for Audit Legislation Amendment Act 2006","content":"### sec.48 Transitional provision for Audit Legislation Amendment Act 2006\n\nThis section applies if—\nbefore the commencement—\na charity or association appointed a person mentioned in pre-amended section 31(1)(f)(ii) or (iii) to audit the accounts, moneys and property of the charity or association; or\na promoter of an appeal for support appointed a person mentioned in pre-amended section 31(1)(f)(ii) or (iii) to audit the accounts, moneys and property raised by or resulting from the appeal for support; and\nthe person has not performed the audit before the commencement.\nFor the purpose of the person performing the audit, pre-amended section 31(1)(f)(ii) or (iii) continues to apply as if the Audit Legislation Amendment Act 2006 had not commenced.\nIn this section—\ncommencement means commencement of this section.\npre-amended , in relation to section 31(1)(f)(ii) or (iii), means the provision as in force before the commencement.\ns 48 prev s 48 sub 1989 No. 6 s 9 ; 1995 No. 57 s 4 sch 1 (amd 1995 No. 58 s 4 sch 1 )\nexp 28 February 1996 (see s 48(3))\npres s 48 ins 2006 No. 9 s 15\n(sec.48-ssec.1) This section applies if— before the commencement— a charity or association appointed a person mentioned in pre-amended section 31(1)(f)(ii) or (iii) to audit the accounts, moneys and property of the charity or association; or a promoter of an appeal for support appointed a person mentioned in pre-amended section 31(1)(f)(ii) or (iii) to audit the accounts, moneys and property raised by or resulting from the appeal for support; and the person has not performed the audit before the commencement.\n(sec.48-ssec.2) For the purpose of the person performing the audit, pre-amended section 31(1)(f)(ii) or (iii) continues to apply as if the Audit Legislation Amendment Act 2006 had not commenced.\n(sec.48-ssec.3) In this section— commencement means commencement of this section. pre-amended , in relation to section 31(1)(f)(ii) or (iii), means the provision as in force before the commencement.\n- (a) before the commencement— (i) a charity or association appointed a person mentioned in pre-amended section 31(1)(f)(ii) or (iii) to audit the accounts, moneys and property of the charity or association; or (ii) a promoter of an appeal for support appointed a person mentioned in pre-amended section 31(1)(f)(ii) or (iii) to audit the accounts, moneys and property raised by or resulting from the appeal for support; and\n- (i) a charity or association appointed a person mentioned in pre-amended section 31(1)(f)(ii) or (iii) to audit the accounts, moneys and property of the charity or association; or\n- (ii) a promoter of an appeal for support appointed a person mentioned in pre-amended section 31(1)(f)(ii) or (iii) to audit the accounts, moneys and property raised by or resulting from the appeal for support; and\n- (b) the person has not performed the audit before the commencement.\n- (i) a charity or association appointed a person mentioned in pre-amended section 31(1)(f)(ii) or (iii) to audit the accounts, moneys and property of the charity or association; or\n- (ii) a promoter of an appeal for support appointed a person mentioned in pre-amended section 31(1)(f)(ii) or (iii) to audit the accounts, moneys and property raised by or resulting from the appeal for support; and","sortOrder":86},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Transitional provisions for Associations Incorporation and Other Legislation Amendment Act 2020","content":"## Transitional provisions for Associations Incorporation and Other Legislation Amendment Act 2020","sortOrder":87},{"sectionNumber":"sec.49","sectionType":"section","heading":"Financial reporting obligations","content":"### sec.49 Financial reporting obligations\n\nThe obligations under section 31 about financial records apply to—\na charity registered under this Act whether before or after the commencement; and\nan association whose objects are a community purpose sanctioned under this Act whether before or after the commencement.\nThe obligations under sections 32 and 33 about financial statements and returns apply to—\na charity registered under this Act whether before or after the commencement, other than an exempt charity; and\nan association whose objects are a community purpose sanctioned under this Act whether before or after the commencement, other than an exempt association; and\na promoter of an appeal for support for a purpose to which part 3 applies, whether the appeal is made before or after the commencement.\ns 49 ins 2020 No. 17 s 60\n(sec.49-ssec.1) The obligations under section 31 about financial records apply to— a charity registered under this Act whether before or after the commencement; and an association whose objects are a community purpose sanctioned under this Act whether before or after the commencement.\n(sec.49-ssec.2) The obligations under sections 32 and 33 about financial statements and returns apply to— a charity registered under this Act whether before or after the commencement, other than an exempt charity; and an association whose objects are a community purpose sanctioned under this Act whether before or after the commencement, other than an exempt association; and a promoter of an appeal for support for a purpose to which part 3 applies, whether the appeal is made before or after the commencement.\n- (a) a charity registered under this Act whether before or after the commencement; and\n- (b) an association whose objects are a community purpose sanctioned under this Act whether before or after the commencement.\n- (a) a charity registered under this Act whether before or after the commencement, other than an exempt charity; and\n- (b) an association whose objects are a community purpose sanctioned under this Act whether before or after the commencement, other than an exempt association; and\n- (c) a promoter of an appeal for support for a purpose to which part 3 applies, whether the appeal is made before or after the commencement.","sortOrder":88},{"sectionNumber":"sec.50","sectionType":"section","heading":"Members of disaster appeals trust fund committee","content":"### sec.50 Members of disaster appeals trust fund committee\n\nThis section applies if, immediately before the commencement, a person held office under section 35A as a member of the disaster appeals trust fund committee.\nThe person is taken to hold office under section 35A as in force after the commencement.\nIf, immediately before the commencement, the person held office under section 35A(7) as chairperson of the committee, the person stops holding office as chairperson on the commencement.\ns 50 ins 2020 No. 17 s 60\n(sec.50-ssec.1) This section applies if, immediately before the commencement, a person held office under section 35A as a member of the disaster appeals trust fund committee.\n(sec.50-ssec.2) The person is taken to hold office under section 35A as in force after the commencement.\n(sec.50-ssec.3) If, immediately before the commencement, the person held office under section 35A(7) as chairperson of the committee, the person stops holding office as chairperson on the commencement.","sortOrder":89},{"sectionNumber":"sec.51","sectionType":"section","heading":"Disclosure of information to Commissioner of the ACNC","content":"### sec.51 Disclosure of information to Commissioner of the ACNC\n\nThe power of the chief executive under section 35E to enter into an arrangement with, or disclose information to, the commissioner applies in relation to information obtained under this Act whether before or after the commencement.\nIn this section—\ncommissioner see section 35E(2).\ns 51 ins 2020 No. 17 s 60\n(sec.51-ssec.1) The power of the chief executive under section 35E to enter into an arrangement with, or disclose information to, the commissioner applies in relation to information obtained under this Act whether before or after the commencement.\n(sec.51-ssec.2) In this section— commissioner see section 35E(2).","sortOrder":90}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope is expanded beyond basic registration and collection controls by (a) treating certain Commonwealth‑registered entities as 'deemed registrants' with imposed conditions (Part 6A: ss.23A–23H), and (b) creating statutory arrangements for dormant or unclear disaster relief funds and a disaster appeals trust fund and committee (ss.35A–35D). It also consolidates very broad regulation‑making powers (s.47) that extend administrative reach over appeals, accounting and enforcement."},"complexity_factors":["Wide ministerial and chief executive discretion to grant, condition, revoke and investigate registrations and sanctions (ss.8,12,27,34)","Multiple regulated actor classes and special categories (registered charities, sanctioned associations, promoters, deemed Commonwealth registrants) with differing rules (ss.9,19,23A–23H)","Detailed recordkeeping, financial statement, audit and return obligations with criminal penalties for non‑compliance (ss.30–33,33A)","Operational controls over door‑to‑door and street collections including day assignments and exclusivity rules (ss.15–16,18)","Provisions for vesting, transferring and public trustee management of property and disaster relief moneys, plus a statutory committee (ss.35,35A–35D)","Extensive delegated regulation‑making power covering virtually all procedural, financial and inspection matters (s.47(3) long list)","Interaction and carve‑outs with other laws and institutions (religious denominational exclusions, ACNC deemed registration rules) creating layered compliance (ss.6,23B–23G)","Enforcement tools including warrants, inspector powers and seizure/retention of records (s.26A,ss.27–28) and transitional provisions affecting ongoing matters (ss.48–51)"],"plain_english_summary":"Mechanically, the Act requires that any public appeal for charitable or community support be made only by a charity registered under the Act or for a purpose expressly sanctioned by the Minister; it imposes conditions, recordkeeping, audit and penalty rules and controls door‑to‑door and street collections, which create compliance costs for promoters and registered bodies (ss.10–12,15–16,30–33). The Minister and chief executive have powers to grant, condition, revoke and investigate registrations and sanctions, to assign collection days and to vest or direct property. The Act also creates governance for a disaster appeals trust fund and gives broad regulation‑making authority (ss.8,12,27,34,35A–35D,47)."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.5(2)","severity":"high","reasoning":"Declaring a ministerial decision 'final' on a question of legal status (charitable purpose) attempts to oust judicial review. Courts have consistently read down such privative clauses. The provision creates a practical absurdity: the same Minister who administers the Act and may have policy interests also has unreviewable power to determine the foundational jurisdictional facts that trigger the entire Act's operation.","confidence":0.82,"description":"The Minister's determination of whether a purpose is 'charitable' or 'community' is declared final, with no avenue for judicial review or appeal explicitly preserved, potentially conflicting with fundamental rule of law principles and judicial review rights under the Judicial Review Act 1991 (Qld)."},{"type":"retroactive_impossibility","section":"sec.12(11)","severity":"medium","reasoning":"The subsection asks courts and persons to treat provisions as operative from the date of passing for a specific purpose, while the rest of the Act operates from commencement. This dual temporal existence is logically incoherent: either the Act was in force or it was not. Persons who may have breached these deemed-operative provisions during the gap between passing and commencement could face retrospective liability.","confidence":0.75,"description":"Section 12(11) deems certain provisions of the Act to have come into operation 'upon the passing of this Act' for the purpose of allowing pre-commencement sanction applications. This creates a retroactive legal fiction where the Act is treated as operative before it actually commenced, potentially creating obligations or liabilities in a period when the Act had no legal force."},{"type":"circular_definition","section":"sec.19(13)","severity":"medium","reasoning":"The registration process requires evaluating charitable status as a precondition to granting registration, but the Act's own definition mechanism (s.5(2)) is the authoritative source for that status. The Minister is effectively being asked to determine charitable status twice in the same process using the same power, and the considerations in s.19(13) apply only to refusals, not grants, leaving the grant decision without equivalent mandatory considerations.","confidence":0.7,"description":"Section 19(13) requires the Minister to 'take into consideration whether the association is a charity' before refusing registration as a charity. This creates a circular reasoning problem: the Minister must assess charitable status to decide whether to register the entity as a charity, but charitable status under the Act is only definitively determined by the Minister under section 5(2), and that determination appears contingent on the entity being subject to the Act in the first place."},{"type":"impossible_compliance","section":"sec.19(11)","severity":"high","reasoning":"The phrase 'any other person' is unlimited in scope. A person who happens to possess a relevant document but has no relationship to the charity is nonetheless criminally compelled to produce it. There is no proportionality limitation, no legal professional privilege carve-out stated, and no penalty provision specifically attached, creating both an overreach and an enforcement gap.","confidence":0.78,"description":"Section 19(11) compels 'any other person' (not just members or officers of the charity) to supply documents or information required by the Minister in an inquiry about a charity's registration application. This imposes mandatory compliance obligations on entirely unrelated third parties who have no connection to the charity and no legal basis to withhold consent."},{"type":"self_contradicting","section":"sec.20(3) and sec.20(4)","severity":"medium","reasoning":"The registered charity is immunised from name conflicts with unregistered entities (s.20(3)), but the unregistered entity bears the entire burden of avoiding confusion (s.20(4)). There is no priority mechanism based on establishment date or prior use, so a newly registered charity can effectively force a long-established unregistered charity to abandon its name.","confidence":0.8,"description":"Section 20(3) permits a registered charity's name to be identical with or similar to an unregistered charity's name, while section 20(4) prohibits any charity or association from using a name identical with or similar to a registered charity's name. Read together, these subsections permit the registered charity to share a name with an unregistered entity, but simultaneously prohibit the unregistered entity from using that same name — creating a one-sided asymmetry that is arguably absurd: the unregistered entity must change its name to accommodate the registered entity even if it predates the registration."},{"type":"impossible_compliance","section":"sec.23K(1) and sec.23K(2)","severity":"medium","reasoning":"A mandatory obligation to update a discretionary publication is internally incoherent. If the chief executive never exercised the discretion to publish the list, there is nothing to update, yet the Act imposes a mandatory duty to do so. This leaves the chief executive either in breach of s.23K(2) if no list exists, or effectively compelled to publish the list in the first place to avoid that breach.","confidence":0.88,"description":"Section 23K(1) says the chief executive 'may' publish a list of deemed registrants (discretionary), while section 23K(2) says the chief executive 'must' update that list when a deemed registration ends. This creates an impossible compliance scenario: the chief executive is mandatorily required to update a list that may not exist if they exercised the discretion in subsection (1) not to publish it."},{"type":"impossible_compliance","section":"sec.11(2)(b)","severity":"high","reasoning":"A charity with a large governing body whose promoter commits a minor technical breach of appeal conditions automatically renders every board member criminally guilty. The due diligence defence requires affirmative proof that the person exercised 'all due diligence' — a standard that may be difficult for passive or honorary board members to meet, effectively making participation on charity boards a high personal legal risk.","confidence":0.85,"description":"Section 11(2)(b) makes every member of the governing body of a charity guilty of an offence whenever any condition of an appeal for support is contravened, regardless of their individual knowledge or involvement. While a due diligence defence exists under s.11(3), the default position of collective guilt for all governing body members for any technical breach of appeal conditions imposes a near-impossible compliance burden on volunteer charity board members."},{"type":"impossible_compliance","section":"sec.15(8) and sec.16(8)","severity":"high","reasoning":"The scheme creates a licensing bottleneck with no obligation on the Minister to assign any days and no maximum period for refusal. A registered and sanctioned charity wishing to conduct a street collection in a regulated city could be lawfully prevented from ever doing so. There is no appeal mechanism against refusal to assign days, and no obligation to provide reasons.","confidence":0.8,"description":"Sections 15(8) and 16(8) prohibit door-to-door appeals and street collections on days other than those assigned, but the Minister has the express power under ss.15(6) and 16(6) to refuse to assign any day at all. Combined, these provisions can result in a situation where appeals are effectively prohibited entirely — a charity could be registered and sanctioned, but permanently unable to conduct any physical collection because no days are ever assigned and refusal to assign is unreviewable."},{"type":"self_contradicting","section":"sec.23H and sec.23L","severity":"medium","reasoning":"The deemed registrant is treated 'as if' registered under Part 6, but Part 6 is an excluded provision under s.23L(3). This means the legal fiction of registration is created without the underlying legal framework that gives registration its meaning and effect applying to the entity. The entity has the consequences of registration without the regime that defines those consequences.","confidence":0.72,"description":"Section 23H prohibits deemed registrants from applying for a sanction under section 12 or registration as a charity under section 19. Section 23L states the Act applies to deemed registrants as if they were charities registered under the Act, but excludes Parts 5 and 6 and section 29. However, Part 6 contains the registration provisions (ss.19-23) — meaning the Act simultaneously treats deemed registrants as registered charities for most purposes while expressly excluding the provisions that govern the registration status they are deemed to hold."}],"contradictions":[{"severity":"high","section_a":"sec.6(2)","section_b":"sec.14A","confidence":0.9,"description":"Section 6(2) exempts appeals for support 'solely for the advancement of religion by or on behalf of any religious denomination' from the Act entirely. However, section 14A expressly applies Part 4 (door-to-door appeals and street collections) to appeals 'made by or on behalf of any religious denomination' without any exemption for religious advancement. A religious denomination conducting a door-to-door appeal solely for religious advancement is simultaneously exempt from the Act (s.6(2)) and subject to Part 4 controls (s.14A)."},{"severity":"medium","section_a":"sec.6(3)","section_b":"sec.14A","confidence":0.78,"description":"Section 6(3) exempts religious denominations from the Act in relation to Part 3 purposes (unless otherwise provided). Section 14A then expressly overrides this by subjecting religious denomination door-to-door appeals and street collections for Part 3 purposes to Part 4 controls. While s.6(3) uses the phrase 'unless herein otherwise expressly provided,' the interaction creates a partial and potentially confusing exception-to-exception structure where it is unclear which other Part 3 requirements apply to religious denominations."},{"severity":"medium","section_a":"sec.19(8) and sec.19(9)","section_b":"sec.19(10) and sec.19(12)","confidence":0.73,"description":"Applications for registration are made to the 'chief executive' (ss.19(8)-(9)), who also receives the documents and information. However, the power to make inquiries (s.19(10)), consider the application, and make the decision to grant or refuse registration (s.19(12)) vests in 'the Minister.' The Act does not reconcile how the application moves from the chief executive to the Minister, whether the chief executive has any filtering or recommendation role, or whether the delegation provisions in ss.8 and 8A bridge this gap for the application receipt function specifically."},{"severity":"high","section_a":"sec.21(1)","section_b":"sec.22(1)(a)","confidence":0.85,"description":"Section 21(1) states that an association shall 'for all purposes be presumed to be or have been a charity at any time when it is or was on the register.' Section 22(1)(a) permits removal from the register on the ground that the association 'should not have been registered as a charity' — i.e., it was never truly a charity. After removal on that ground, s.21(1)'s presumption would retroactively apply to the period when the association was on the register despite s.22(1)(a)'s implicit finding that it was wrongly registered, creating an irrebuttable retrospective presumption of charitable status for a period the Minister has found the entity was not a charity."},{"severity":"medium","section_a":"sec.23E(2)(a)","section_b":"sec.23E(4) and sec.23E(5)","confidence":0.8,"description":"Section 23E(2)(a) states the pre-existing registration 'ends' when a Commonwealth registered entity becomes a deemed registrant. However, ss.23E(4)-(5) permit the Minister to 'reinstate' that pre-existing registration if deemed registration ends in certain circumstances. A registration that has 'ended' cannot logically be reinstated — it can only be re-granted. The use of 'reinstate' implies continuity of a legal status that the Act has already declared terminated, creating ambiguity about whether the reinstated registration is a continuation (with all its history) or a new grant."},{"severity":"low","section_a":"sec.12(4)","section_b":"sec.12(3)","confidence":0.65,"description":"Section 12(3) allows a sanction to be given for an 'indefinite duration of time.' Section 12(4) then carves out that an indefinite sanction 'shall not be given' for purposes of associations that do not continuously make appeals for support. However, s.12(3) sets up the general rule before s.12(4) qualifies it, and 'continuously' is undefined. An association that makes seasonal or periodic (but regular) appeals could fall into a grey zone where the Minister must determine whether it 'continuously' appeals — with no guidance and the consequence being the difference between an indefinite and a time-limited sanction."},{"severity":"low","section_a":"sec.8A","section_b":"sec.8(2)","confidence":0.6,"description":"Section 8(2) permits the chief executive to subdelegate powers delegated by the Minister under s.8(1) to 'an appropriately qualified public service officer.' Section 8A separately permits the chief executive to delegate the chief executive's own powers under the Act to the same class of officer. This creates two separate delegation pathways to the same class of delegate with potentially different legal consequences — powers exercised under s.8(2) subdelegation trace back to ministerial delegation, while those under s.8A are original chief executive powers — but the Act provides no mechanism to distinguish which pathway applies to any given exercise of power."},{"severity":"medium","section_a":"sec.23J(3)","section_b":"sec.23J(2)","confidence":0.68,"description":"Section 23J(2) requires a Commonwealth registered entity to give the Minister records of all appeals for support within one month of deemed registration ending. Section 23J(3) prohibits the entity from distributing or dealing with any asset obtained through Queensland appeals without the Minister's written consent. However, compliance with s.23J(2) itself requires the entity to actively deal with its records (which may be assets), potentially requiring the Minister's consent under s.23J(3) before it can comply with its s.23J(2) obligation — a procedural catch-22."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded considerably from its original 1966 scope. It began as a straightforward Queensland-only charity registration and street collection control regime. Significant amendments — particularly the 2022 insertion of Part 6A — introduced a new 'deemed registration' framework that integrates Queensland law with the Commonwealth's ACNC system, essentially creating a two-track registration system (State registration vs. Commonwealth deemed registration). This represents a meaningful expansion in scope beyond the original intent of controlling local charitable collections, moving toward a coordinated national-State charity oversight model."},"complexity_factors":["Multiple overlapping regulatory pathways: charities need registration, non-charity purposes need sanctions, Commonwealth-registered entities get 'deemed registration' — each with different rules","Dual-registration framework introduced in 2022 (Part 6A) requires cross-referencing the Commonwealth's ACNC Act and interplay between State and Federal charity regulation","Archaic 1966 legislative drafting style with long, winding sentences and dense cross-referencing between sections","Multiple categories of 'purpose' in section 9 (charities, charitable purposes, community purposes, mixed purposes, commercial undertakings joined with charitable purposes) that interact differently with other provisions","Complex transition provisions for entities moving between pre-existing registration/sanctions and deemed registration (sections 23E, 23F, 23G)","Minister's discretionary powers are extremely broad and in some cases (like determining what is 'charitable') explicitly unreviewable","Provisions for street collection and door-to-door day-assignment systems require reading regulations in conjunction with the Act itself","Multiple classes of excluded entities and exemptions (religious denominations, P&C associations, ACNC entities, specific named institutions) that require careful matching to any given situation","Penalty provisions require tracking 'penalty units' under separate legislation to determine actual dollar amounts"],"plain_english_summary":"This Queensland law governs who can solicit donations from the public and under what conditions, affecting charities, community groups, fundraisers, and donors. It requires authorisation to conduct public, street or door‑to‑door collections, grants exclusive rights to fundraising symbols, and gives the Minister broad powers to approve, condition or revoke fundraising permissions.\n\nFederally‑registered charities can be “deemed” registered in Queensland (streamlining access), while certain religious fundraising and P&C activities are exempt; breaches carry fines or jail."},"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"},"kimi_summary":{"_metrics":{"completionTokens":745},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1966 scope. Originally focused on basic registration of charities and control of street collections, it now includes: a comprehensive deemed registration system for Commonwealth-registered entities (Part 6A, 2022); detailed financial reporting and audit obligations (2020 reforms); disaster relief trust fund management provisions (1975 onwards); integration with federal ACNC information-sharing arrangements; and complex transitional provisions preserving pre-existing registrations and sanctions. The regulatory framework has evolved from simple permit-based fundraising controls to a multi-layered governance system with extensive record-keeping, investigation powers, and intergovernmental coordination mechanisms."},"complexity_factors":["Multiple overlapping approval systems (registration for charities, sanctions for purposes, deemed registration for Commonwealth entities)","Extensive cross-referencing between Parts and sections (e.g., Part 6A integration with existing Parts 5-6)","Numerous defined terms and conditional exceptions (e.g., 'excluded entity', 'exempt charity', 'deemed registrant')","Nested administrative powers with Minister, chief executive, and inspectors having overlapping but distinct functions","Complex transitional provisions and savings clauses for amendments dating back to 1966","Detailed procedural requirements for door-to-door and street collection permits with hierarchical application processes","Multiple penalty structures with escalating penalties for repeat offences","Integration with Commonwealth ACNC regime creating dual registration pathways"],"plain_english_summary":"This Queensland law regulates how charities and community groups can ask the public for money or support. It creates a system where **charities must register** with the government, and **community purposes must be sanctioned** (officially approved) before they can legally fundraise.\n\n**Key things the law does:**\n\n- **Registration & Sanctions**: Charities apply to be registered; other groups apply for \"sanctions\" (approval) to fundraise for specific purposes. The Minister has broad powers to grant, refuse, impose conditions on, or revoke these approvals.\n\n- **Controls on fundraising methods**: The law specifically regulates **door-to-door appeals** and **street collections** — requiring assigned days, limiting how often they can occur, and preventing multiple groups from collecting in the same place on the same day.\n\n- **Exclusive devices**: Registered charities can apply for exclusive rights to distribute specific fundraising items (like badges or tokens) to prevent public confusion.\n\n- **Record-keeping & transparency**: Charities and sanctioned groups must keep detailed financial records, prepare audited financial statements, and lodge returns with the chief executive.\n\n- **Investigation powers**: Inspectors have extensive powers to enter premises, examine records, seize evidence, and require people to answer questions or produce documents.\n\n- **Deemed registration for Commonwealth entities**: Since 2022, charities registered under Commonwealth (federal) law can be \"deemed registered\" in Queensland by notifying the Minister, avoiding duplicate registration.\n\n- **Disaster relief funds**: Special provisions allow unused disaster appeal funds to be transferred to a government-managed trust fund for redistribution.\n\n- **Offences & penalties**: Making unauthorised appeals, falsifying records, misusing funds, or obstructing inspectors can result in fines or imprisonment.\n\n**Who it affects**: Charities, community groups, fundraising promoters, and anyone who wants to collect money from the public for charitable or community purposes in Queensland. Religious denominations are largely exempt from the main fundraising controls.\n\n**Why it matters**: It protects donors from fraud, ensures fundraising is transparent and accountable, and prevents charitable resources from being misused or wasted."}},"importantCases":[],"_links":{"self":"/api/acts/collections-act-1966","history":"/api/acts/collections-act-1966/history","analysis":"/api/acts/collections-act-1966/analysis","conflicts":"/api/acts/collections-act-1966/conflicts","importantCases":"/api/acts/collections-act-1966/important-cases","documents":"/api/acts/collections-act-1966/documents"}}