The Bill introduces and emphasises four core statutory concepts: licence as a regulatory instrument, taken‑to‑hold status for Commonwealth registered entities, Commissioner discretion over licence conditions and revocation, and a regulatory code of conduct. Each concept is instantiated in the statutory text.

• Licence: The Bill expands the defined meaning of licence to include licences granted under s 11(3) and licences taken to be held by Commonwealth registered entities under s 6(6) (definitions inserted in s 5). The effect is to treat both state‑granted licences and qualifying Commonwealth registration as sources of legal entitlement to carry out collections, entertainments or obtain money for charitable purposes (see new s 12(1A)).
• Taken‑to‑hold: A Commonwealth registered entity is “taken to hold a licence” while registered under the Commonwealth Act and if the entity has given notice of its intended activities to the Commissioner in the approved form (s 6(6), (9)). The Bill however creates two exclusions: (1) if the taken‑to‑hold licence was revoked under the new revocation power (s 6(7)); or (2) if the entity has been granted a licence under s 11(3) and that separate licence has not been revoked (s 6(8)). The taken‑to‑hold mechanism links Commonwealth registration with State regulatory rights and obligations.
• Commissioner discretion: The Commissioner gains explicit powers to impose, vary or revoke licence conditions at any time, subject to a written‑notice requirement and immediate effect on notice (s 12(3), (3A), (3B)). The Commissioner may also propose and effect licence revocation (s 12A(1)-(4)); the revocation may be referred to the advisory committee for a recommendation (s 12A(1)), but the Commissioner may revoke after considering the committee’s recommendation (s 12A(2)). The Commissioner also has express authority to enter agreements with the Commonwealth Commissioner about provision and receipt of information (s 17B).
• Code of conduct: The regulations may prescribe a code of conduct for licence holders and authorised persons (s 12B(1)). A regulationally prescribed code is “taken to be a condition of a licence” and cannot be varied or revoked under the Commissioner’s powers in s 12(3)(b) or (c) (s 12B(2)). The code therefore represents a regulatory instrument created by regulation rather than by administrative action, and the Commissioner’s ability to alter it is expressly limited.

Other notable concepts introduced or clarified:

• Formal notice mechanics: Affected entities must provide notices in a form approved by the Commissioner where the taken‑to‑hold status is to apply (s 6(9)); the Commissioner must give written notice for imposition, variation or revocation of conditions and for licence revocation (s 12(3A); s 12A(3)); those instrument changes take effect on notice (s 12(3B); s 12A(4)).
• Information‑sharing: The Commissioner may disclose information obtained under this Act to the Commonwealth Commissioner and to interstate authorities administering charitable collection laws (s 17C). The Commissioner may enter an agreement with the Commonwealth Commissioner about provision of information and methods for Commonwealth registered entities to provide information for WA purposes (s 17B).
• Fair Trading Act linkage: Sections 112 and 113 of the Fair Trading Act 2010 will extend and apply to the Charitable Collections Act as if they were part of it, with adjusted references (s 17D). The text does not set out the content of those sections; rather it prescribes their application to this Act.

These concepts reallocate where regulatory authority sits in practice: the Commissioner gains broad operational powers; certain regulatory standards are to be set by regulation (code of conduct); Commonwealth registration can have a direct operational effect in WA but is subject to notice, regulation and revocation by the State Commissioner.

The statutory changes allocate rights, obligations and compliance burdens among three principal groups: Commonwealth registered entities, existing licence applicants and licence holders under the Charitable Collections Act, and the Commissioner and advisory committee as decision makers.

• Commonwealth registered entities: A person or organisation registered under the Commonwealth Act Part 2‑1 is explicitly captured by the Bill’s “taken to hold a licence” concept (definition in s 5; s 6(6)). While registration at Commonwealth level confers the taken‑to‑hold status in WA, that status is conditional on (1) the entity remaining registered under the Commonwealth Act and (2) the entity having given notice of its intended activities to the Commissioner in the form approved by the Commissioner (s 6(6), (9); s 12(1A)). Commonwealth registered entities therefore gain a prospective operational ability to make collections in WA without first obtaining a state‑granted licence, but they must comply with WA‑level procedural requirements and are subject to WA licence conditions and possible revocation (s 12(1A); s 12(3); s 12A).
• Holders of licences granted under s 11(3) and licence applicants: The Bill retains the separate state licence route. Applications can be made by an authorised person (s 11(1A)), and the advisory committee may consider any matters it thinks fit when assessing an application (s 11(2)). Existing licence holders remain subject to the Commissioner’s power to impose, vary or revoke licence conditions and to revoke licences (s 12(3); s 12A). A state‑granted licence will also authorise collections as specified in s 12(1) (amended text).
• The Commissioner: The Commissioner gains enhanced operational control and discretion. Key functions for the Commissioner include: receiving approved form notices from Commonwealth registered entities (s 6(9)); imposing, varying and revoking licence conditions with written notice (s 12(3), (3A), (3B)); revoking licences after considering an advisory committee recommendation if referred (new s 12A(1)-(4)); entering agreements with the Commonwealth Commissioner about information and methods (s 17B); disclosing information to the Commonwealth Commissioner or interstate authorities (s 17C); and applying the Fair Trading Act sections per s 17D. The Commissioner’s decisions are central to whether taken‑to‑hold status operates in practice and to the detailed compliance regime for licence holders.
• Advisory committee: The Bill alters how the advisory committee is constituted and how its recommendations feed into Commissioner decisions. The advisory committee’s appointment mechanics are moved to Ministerial regulations (amended s 10(2) and s 21(ea)), and the committee retains a role in recommending on proposed revocations should the Commissioner choose to refer the matter to it (s 12A(1)). The committee can be consulted but the Commissioner may act after consideration of its recommendation (s 12A(2)).
• Departments and interstate regulators: The Bill enables disclosure to the Commonwealth Commissioner and to authorities in other States/Territories responsible for charitable collection laws (s 17C). It also applies parts of the Fair Trading Act in a modified way (s 17D). These provisions allocate an informational and cooperative role to the State department principally assisting with the Act (s 17D(c)).
• Sponsors, donors and third parties: While not directly regulated by the Bill text, donors and members of the public engaging with charities operating collections in WA may experience changed regulatory signals: collections by Commonwealth registered entities will be able to operate under taken‑to‑hold licences while subject to state conditions and a regulationally prescribed code of conduct (ss 6(6), 12(1A), 12B). The Bill does not itself change penalties in the text provided (see next sections for procedural limits), but it does link to the Fair Trading Act ss 112, 113 (s 17D), which may affect enforcement and consumer protection matters insofar as those sections apply.

Who pays and bears compliance burdens: licence holders and Commonwealth registered entities seeking to operate in WA will bear the compliance costs to the extent they must lodge notices in an approved form (s 6(9)), comply with licence conditions and a regulationally prescribed code of conduct (s 12(3), s 12B(1)-(2)), and respond to revocation or condition notices which take immediate effect on written notice (s 12(3B); s 12A(4)). The Commissioner and the department will bear administrative burdens of processing notifications, drafting and administering a code by regulation, entering agreements with the Commonwealth Commissioner, and information disclosure under ss 17B-17C.

The Bill adjusts the legal duties of licence holders and the operational rights of entities registered at Commonwealth level, while setting procedural duties for the Commissioner.

Duties and obligations placed on entities

• Notice obligation for taken‑to‑hold status: A Commonwealth registered entity that seeks to be taken to hold a licence must give notice of its intention to do the things in s 6(1)(a)-(d) to the Commissioner, and that notice must be in a form approved by the Commissioner (s 6(6), (9)). The statutory wording treats the entity as “taken to hold a licence” while it remains registered and has given that notice (s 6(6)); but the Bill does not set out the form content itself, only that it must be an approved form.
• Compliance with licence conditions and code: All licence holders, including entities taken to hold licences, are subject to licence conditions which the Commissioner may impose, vary or revoke (s 12(3)). The regulations may prescribe a code of conduct that is taken to be a condition of a licence (s 12B(1)-(2)). Because the code is created by regulation and the Commissioner cannot vary or revoke the code as a condition under s 12(3)(b)-(c), licence holders must comply with whatever the regulations prescribe unless and until those regulations are amended.
• Operational authorisation: A licence or taken‑to‑hold status authorises collections, obtaining money, or conduct of entertainments for the periods or occasions either notified by the Commissioner or, if none are notified, while the licence remains unrevoked (s 12(1A)). Licence holders thus have a statutory authorisation to conduct specific activities in WA within the periods or occasions prescribed or notified.

Commissioner duties and powers

• Conditions and notice: The Commissioner may at any time impose, vary or revoke licence conditions (s 12(3)) and must give written notice of those changes to the licence holder (s 12(3A)). The imposition, variation or revocation takes effect on the Commissioner giving written notice (s 12(3B)). Similarly, if the Commissioner decides to revoke a licence they may refer the proposed revocation to the advisory committee (s 12A(1)); after considering any recommendation the Commissioner may revoke the licence and must give written notice (s 12A(2)-(4)). The Commissioner also has power to enter into agreements with the Commonwealth Commissioner about the manner of providing information and to receive information from the Commonwealth Act (s 17B).
• Information disclosure and intergovernmental cooperation: The Commissioner may disclose information gained in administering the Act to the Commonwealth Commissioner and to interstate/territory authorities administering charitable collection laws (s 17C). The Commissioner is authorised to enter agreements with the Commonwealth Commissioner to manage information flow and the manner in which Commonwealth registered entities provide information for WA purposes (s 17B).
• Application of Fair Trading Act provisions: The Commissioner must administer parts of the Act with ss 112 and 113 of the Fair Trading Act applied as if those sections were part of the Charitable Collections Act, with necessary reference adjustments including a replacement for references to “the Department” (s 17D). The duties that attach under those Fair Trading Act sections therefore become duties the Commissioner must apply in administering this Act, to the extent they are capable of extension and modification as drafted.

Rights created or preserved

• Authorisation to collect: State‑granted licences continue to authorise collections in the manner set out in s 12 (amended references), and Commonwealth registered entities have an express statutory pathway to be “taken to hold” a licence (s 12(1A); s 6(6)). That creates a right to undertake collections, subject to conditions and regulatory code.
• Procedural notice: The Commissioner must provide written notice of imposition, variation, revocation of licence conditions and of licence revocation, and those instruments take effect on such notice (s 12(3A)-(3B); s 12A(3)-(4)). This creates a procedural threshold for administrative action.
• Application and advisory committee processes: Applications for licences can be made by an authorised person (s 11(1A)) and the advisory committee may take into account any matters it considers fit in considering applications (s 11(2)). The advisory committee may provide recommendations on proposed revocations if referred (s 12A(1)), thus participating in the decision pathway.

The Bill does not itself add or specify appeal rights, stays or merits review mechanisms in the inserted or amended clauses; it does apply parts of the Fair Trading Act (s 17D) which may affect remedies and enforcement, but the Bill text does not set those consequences out directly.

The Bill does not, within the text provided, create new specific criminal penalties or alter particular offence elements; rather it modifies enforcement procedure and jurisdictional linkages affecting how enforcement may be pursued and what regulatory instruments are available to regulators. Relevant enforcement and procedural changes in the Bill are as follows.

• Time limit for commencing proceedings: The Bill inserts a three‑year limitation period for commencing proceedings for offences against the Act, specifying that proceedings may be commenced within three years after the day on which the offence is alleged to have been committed (new s 19(3)). The transitional provision limits the new limitation period to offences alleged to have been committed on or after commencement day (s 23(3)). This change potentially narrows the window for prosecution compared with any previous limitation regime that applied prior to the amendment.
• Notice mechanics and immediate effect: Licence conditions and revocations take effect on written notice by the Commissioner (s 12(3B); s 12A(4)). For enforcement this means that licence status and conditions can change immediately upon receipt of written notice; the Act as amended does not include an express stay or suspension mechanism for the immediate effect (the statutory effect is explicit: the instrument takes effect on notice).
• Commissioner powers and regulatory instruments: The Commissioner’s ability to impose, vary and revoke licence conditions at any time (s 12(3)) and to revoke licences generally (s 12A(2)) grants regulatory tools that can be used to enforce compliance, by altering an entity’s authorisation to operate. The Commissioner’s power to prescribe forms for notices (s 6(9)) and to enter agreements with the Commonwealth Commissioner (s 17B) and disclose information to Commonwealth or interstate authorities (s 17C) enhances administrative enforcement mechanisms through information exchange and intergovernmental cooperation.
• Code of conduct as an enforceable condition: Regulations may prescribe a code of conduct that is taken to be a condition of every licence (s 12B(1)-(2)). Because the code is a licence condition, the Commissioner’s existing enforcement mechanisms under the Act apply to breaches of the code, subject to the fact the Commissioner cannot vary or revoke the code under s 12(3)(b)-(c).
• Fair Trading Act ss 112 and 113: The Bill applies sections 112 and 113 of the Fair Trading Act 2010 to the Charitable Collections Act with necessary modifications (s 17D). The Bill does not reproduce those sections, but their application may import additional enforcement or consumer protection mechanisms into the administration of the Charitable Collections Act; practitioners must read those Fair Trading Act sections as they will operate within the Charitable Collections Act context.
• Interjurisdictional disclosure for enforcement: The Commissioner may disclose information obtained administering this Act to the Commonwealth Commissioner and to State/Territory authorities responsible for charitable collections laws (s 17C). This enables coordinated enforcement activity and sharing of intelligence or evidence across jurisdictions.

The Bill does not set out interlocutory relief or appeal pathways against Commissioner decisions in the inserted or amended clauses. The presence of s 17D (Fair Trading Act ss 112-113) may affect available remedies depending on the content of those Fair Trading provisions, but the Bill text itself does not elaborate further on judicial review, merits review, fines or other penalties. The new three‑year limitation and the immediate effect on notice for conditions and revocations materially change enforcement timing and the practical operation of regulatory action.

The Bill expressly creates statutory interaction points with the Commonwealth Charities and Not‑for‑profits framework, the Fair Trading Act 2010, and with interjurisdictional authorities responsible for charitable collections.

• Interaction with Commonwealth registration: The Bill defines “Commonwealth Act” as the Australian Charities and Not‑for‑profits Commission Act 2012 and “Commonwealth registered entity” as an entity registered under that Act (s 5). It then creates a taken‑to‑hold licence status for entities registered under the Commonwealth Act (s 6(6)). This directly links Commonwealth registration with a state regulatory authorisation: a Commonwealth registered entity, while it remains registered, is treated as if it holds a WA licence for the purposes of the Charitable Collections Act, subject to the entity giving notice in the Commissioner’s approved form (s 6(6), (9)) and subject to s 6(7)-(8) exceptions.
• Agreements and disclosure with the Commonwealth Commissioner: The Commissioner may enter agreements with the Commonwealth Commissioner relating to how Commonwealth registered entities provide information for the purposes of the Charitable Collections Act and to the provision of information obtained under the Commonwealth Act to the WA Commissioner (s 17B). The Commissioner may disclose information obtained under this Act to the Commonwealth Commissioner (s 17C). These provisions institutionalise intergovernmental cooperation and permit the WA Commissioner to rely on Commonwealth information flows.
• Application of Fair Trading Act sections: The Bill brings parts of the Fair Trading Act 2010 (ss 112 and 113) into the Charitable Collections Act “with any necessary modifications” (s 17D). The Bill specifies that those sections are to be read as part of the Charitable Collections Act, that references to “this Act” in those sections should be read as references to the Charitable Collections Act, and that references to “the Department” in s 113 of the Fair Trading Act are to be read as references to the department principally assisting the Charitable Collections Act (s 17D(a)-(c)). The content of ss 112-113 themselves is not reproduced in the Bill; the effect is to import whatever duties, powers or procedures those Fair Trading provisions establish into administration and enforcement of charitable collections matters in WA.
• Interjurisdictional disclosure: The Commissioner may disclose information obtained administering the Act to authorities responsible for charitable collections in other States or Territories (s 17C(b)). This provides a statutory basis for exchanging regulatory information across jurisdictions which can be used for enforcement or regulatory coordination.
• Repeal or removal of war‑fund references: The Bill deletes references to “war fund” and related language across multiple sections (see s 4: deletion of present war, war fund and related references). This reduces or removes any special treatment that previously applied to war funds and aligns language across the Act with contemporary charitable structures. Those deletions may interact with any residual provisions referring to wartime collection schemes, but the Bill’s text removes those phrases where it appears.
• Regulatory delegation and the regulations: The Bill creates explicit regulatory levers , the regulations may prescribe a code of conduct (s 12B(1)), and the Minister will appoint the advisory committee “in accordance with the regulations” (amended s 10(2)). Section 21(ea) adds the head of power to provide for the appointment of advisory committee members. Delegation to regulation affects how normative content interacts with other statutory instruments and the delegated legislation framework.
• Transitional and limitation interaction: The Bill introduces a three‑year limitation period for commencing proceedings (s 19(3)), and transitional provision s 23(3) limits that new period to offences committed on or after commencement day. This interacts with pre‑existing limitation rules and any ongoing proceedings; the bill preserves existing advisory committee appointments under the new s 10(2) (s 23(2)).

Practitioners should therefore read the Charitable Collections Act as amended in conjunction with: the Australian Charities and Not‑for‑profits Commission Act 2012 to understand who is a Commonwealth registered entity and what Commonwealth registration means; the Fair Trading Act 2010 ss 112 and 113 to understand any additional obligations or enforcement mechanisms imported by the Bill (s 17D); and any regulations prescribing a code of conduct or advisory committee appointment mechanics (s 12B(1); amended s 10(2); s 21(ea)). The Bill’s explicit agreement and disclosure powers (ss 17B-17C) also change how intergovernmental information flows can be lawfully conducted.

The Bill is structured as a schedule of amendments to the Charitable Collections Act 1946. The text of the Bill lists sequential amendments by section number; those amendments together constitute the Bill’s change history as presented. The key amendment actions recorded in the Bill are the following.

• Short title and commencement: Clauses 1-2 set the short title as the Charitable Collections Amendment Act 2025 and provide for staged commencement: ss 1-2 on Royal Assent and the remainder on proclamation (ss 1-2).
• Definitions and deletions: Clause 4 (s 5 amended) deletes the definitions of Minister, present war and war fund and inserts new definitions including Commonwealth Act, Commonwealth Commissioner, Commonwealth registered entity and licence. It also deletes a phrase from the definition of maladministration (s 5).
• Taken‑to‑hold licence: Clause 5 (s 6 amended) replaces gendered drafting and inserts s 6(6)-(9) which create the taken‑to‑hold mechanism for Commonwealth registered entities, the two exceptions (s 6(7)-(8)), and the requirement that notices be in a form approved by the Commissioner (s 6(9)). The Bill also deletes s 7 (clause 6).
• Advisory committee appointments and terminology: Clause 7 amends s 10(2) to make advisory committee appointment by the Minister “in accordance with the regulations” rather than by the Governor on the Minister’s recommendation; it also amends the reference to the chairperson of the committee (s 10(3) wording).
• Application process and committee discretion: Clause 8 (s 11 amended) changes licence application mechanics including that an application may be made by a person authorised to do so (s 11(1A)) and that the advisory committee may take into account any matters it considers fit (s 11(2)). Clause 11 also alters certain drafting in s 13(1) to change “issued under this Act to” to “held by” (clause 11).
• Licence conditions and taken‑to‑hold authorisation: Clause 9 amends s 12 to: (a) reframe what a licence authorises (amending s 12(1) reference to “granted under section 11(3)”), (b) insert s 12(1A) to authorise collections by a Commonwealth registered entity for periods or occasions notified by the Commissioner or, if none are notified, while the licence remains unrevoked, and (c) give the Commissioner power to impose, vary or revoke licence conditions with statutory notice requirements (s 12(3)-(3B)). Clause 12 makes consequential amendments to related references (s 15).
• Revocation and code of conduct: Clause 10 inserts new ss 12A and 12B. Section 12A sets out the Commissioner’s power to propose revocation, refer a proposed revocation to the advisory committee for recommendation, revoke after consideration, and the written‑notice requirement and effect of revocation. Section 12B provides for a regulatory code of conduct taken to be a condition of licence and not capable of being varied or revoked under s 12(3).
• Commissioner agreements and information disclosure: Clause 15 inserts ss 17B-17D enabling agreements with the Commonwealth Commissioner, authorising disclosure of information to the Commonwealth Commissioner or interstate authorities, and applying Fair Trading Act ss 112 and 113 to the Charitable Collections Act (s 17D).
• Limitation period and administrative updates: Clause 16 inserts a three‑year limitation period for prosecuting offences (s 19(3)). Clause 17 amends s 20 to modernise the Auditor‑General references and grammar. Clause 18 adds an express regulation head of power for advisory committee member appointment (s 21(ea)).
• Transitional provision and housekeeping: Clause 19 inserts s 23 providing transitional rules preserving advisory committee appointments made prior to commencement, defining commencement day for s 19(3), and restricting the new limitation period to offences committed on or after commencement day (s 23(2)-(3)). Clause 20 removes various references to “under this Act” in listed provisions as a drafting clean‑up and notes the heading of s 14 is to read “No charge for a licence”.

This Bill text is the sole source of amendment history presented here. The Bill itself, once enacted, will become the Charitable Collections Amendment Act 2025 and will take effect per its commencement clause (ss 1-2). The transitional provision s 23 limits retrospective application of the new limitation period and preserves advisory appointments in force immediately before commencement day. For implementation, the regulations will play a consequential role for advisory committee appointments and for prescribing any code of conduct.

The Bill text does not cite or record any judicial decisions, precedent, or existing litigation relating to the Charitable Collections Act or the amendments proposed. There are no cases named in the Bill; the statutory amendments stand alone in the provided text. Consequently the primary sources of legal meaning for the amendments are the statutory words themselves and any regulations and interstitial instruments (agreements, approved forms) made under the Act, together with any relevant provisions of the Commonwealth Act and the Fair Trading Act as imported by the Bill.

In practice, the absence of litigation history in the Bill means the following for practitioners and regulators:

• Reliance on statutory interpretation: Courts and tribunals (if litigation arises) will interpret the new or amended statutory text as written, and that text will interact with Commonwealth law (the Australian Charities and Not‑for‑profits Commission Act 2012) and with the Fair Trading Act 2010 ss 112-113, now applied by s 17D. Any unresolved ambiguities in the Bill’s language therefore will be for courts to construe if challenged.
• Potential for future litigation over novel constructs: Several constructs introduced by the Bill could give rise to future litigation over statutory meaning or procedural fairness. Examples that the Bill itself creates and that a court might be asked to construe include:
  • The scope and effect of being “taken to hold a licence” as a Commonwealth registered entity, particularly the circumstances in which that taken‑to‑hold status can be limited or revoked under s 6(7)-(8) and s 12A; how the Commissioner’s notification of periods or occasions operates (s 12(1A)); and the required content of notices in an approved form (s 6(9)).
  • The effect of a regulationally prescribed code of conduct being “taken to be a condition of a licence” and the interplay between regulatory instruments and administrative power given the Commissioner cannot vary or revoke the code under s 12(3)(b)-(c) (s 12B(2)).
  • The nature of any rights to procedural fairness, review or appeal following imposition, variation or revocation of licence conditions, and licence revocation, given the immediate effect on notice provided by the Act (s 12(3B); s 12A(4)). The Bill itself does not set out appeal routes; the Fair Trading Act sections applied by s 17D might be relevant if those sections provide review or enforcement pathways.
  • Interpretation of the Fair Trading Act ss 112 and 113 as applied by s 17D and the effect of modification clauses in s 17D on the operation of those sections within the Charitable Collections Act context.

Because the Bill does not record litigation history, practitioners will need to monitor how courts subsequently construe these amendments and to consider administrative law remedies (judicial review) and the content of the Fair Trading Act provisions as applied. The Bill’s text will be the primary instrument in any litigation until and unless courts add interpretive gloss.

The Bill contains several drafting and operational features that pose practical traps for licence holders, applicants and regulators. The following are concrete points to watch because they create obligations or consequences that may be overlooked.

• Commonwealth registration does not give an unconditional licence: Although a Commonwealth registered entity is “taken to hold a licence” while registered, that status is conditional on the entity remaining registered and, importantly, on having given notice of its intended activities to the Commissioner in a form approved by the Commissioner (s 6(6), (9); s 12(1A)). If an entity fails to lodge the approved form or ceases to be registered at Commonwealth level, the taken‑to‑hold status will not apply.
• Taken‑to‑hold licence can be excluded by revocation: The Bill expressly excludes a Commonwealth registered entity from being taken to hold a licence if the taken‑to‑hold licence has been revoked under s 12A(2) (s 6(7)). Therefore registration alone is not an absolute shield; the State Commissioner can revoke the taken‑to‑hold licence and that revocation takes effect on written notice (s 12A(3)-(4)).
• Dual licensing and precedence: A Commonwealth registered entity is not taken to hold a licence under s 6(6) if it has been granted a state licence under s 11(3) and that state licence has not been revoked (s 6(8)). Entities must understand which licensing framework applies in a particular factual scenario.
• Immediate effect on notice: Licence condition changes and revocation take effect on the Commissioner giving written notice (s 12(3B); s 12A(4)). There is no express stay or suspension in the amendment text; immediate operational consequences can follow the notice. Entities should plan for the possibility that operational authorisation can cease immediately upon notice.
• Code of conduct set by regulation is not amendable by the Commissioner: Regulations may prescribe a code of conduct which is taken to be a condition of a licence (s 12B(1)-(2)). The Commissioner is expressly prevented from varying or revoking such a code as a licence condition under s 12(3)(b)-(c). The operative content of this code therefore will depend on regulations rather than on administrative variation under s 12(3). Entities should monitor the regulations closely because changes require regulatory amendment procedures, not merely a Commissioner’s instrument.
• Approved form requirement: The Bill requires notices for taken‑to‑hold status to be in a form approved by the Commissioner (s 6(9)). The Bill does not describe the approval process, timing, or content. Non‑compliance with form requirements may negate the taken‑to‑hold status.
• Advisory committee appointment now by regulation: The advisory committee’s appointment is moved to Ministerial regulations “in accordance with the regulations” rather than by Governor on Minister recommendation (amended s 10(2); s 21(ea)). The committee’s constitution and appointment processes will therefore depend on the forthcoming regulations; interested parties must track the regulations for appointment mechanics and potential conflicts of interest management.
• Fair Trading Act sections imported without detail: The Bill applies ss 112 and 113 of the Fair Trading Act 2010 to the Charitable Collections Act (s 17D). Because the Bill does not reproduce those sections, practitioners must read the Fair Trading Act provisions to determine what additional obligations or remedies are imported. Treating those sections as part of this Act may have substantive or procedural implications that are not spelled out in the Bill.
• Three‑year limitation period limited in time: The new three‑year limitation period for commencing offences applies only to offences alleged to have been committed on or after commencement day (s 23(3)). For offences prior to commencement day, older limitation rules may continue to apply; parties engaged in long‑running compliance matters should check timing carefully.
• No express appeals or review procedure in the amendments: The Bill prescribes notice and effect but does not specify appeal routes or stays against the Commissioner’s imposition, variation, or revocation of licence conditions or revocation of licence. Any rights of review must be located elsewhere in the statute book or inferred through the Fair Trading Act sections applied by s 17D or through general administrative law (judicial review), neither of which are set out in the Bill itself.
• Transitional appointments preserved: Existing advisory committee appointments continue to have effect as if made under the new regulatory framework (s 23(2)). Parties cannot rely on immediate reconstitution by new regulations to alter committee membership prior to those regulations being made.

These “gotchas” are direct consequences of the statutory language in the Bill. They affect operational planning for entities seeking to conduct charitable collections, for advisers drafting approvals and forms, and for regulators developing the code of conduct and the regulations for advisory committee appointments.

This section sets out practical, source‑grounded steps that organisations and advisers should take to operate lawfully under the amended Act, to the extent those steps flow directly from the Bill text.

For Commonwealth registered entities wanting to operate in Western Australia

• Lodge the Commissioner‑approved form: If you are a Commonwealth registered entity intending to make collections, obtain money, or conduct entertainments in WA, give notice of that intention in the form approved by the Commissioner (s 6(6), (9)). The Bill makes the form approval a precondition of being “taken to hold a licence” while registered.
• Monitor Commissioner notifications about periods/occasions: A taken‑to‑hold licence authorises collections for such period(s) or occasion(s) as the Commissioner may notify from time to time, or, if none are notified, while the licence remains unrevoked (s 12(1A)). Track any notifications the Commissioner issues to understand when activity is authorised.
• Maintain Commonwealth registration: The taken‑to‑hold status is expressly conditional on remaining registered under the Commonwealth Act (s 6(6)). Ensure any Commonwealth registration obligations are met because lapse of Commonwealth registration will remove the taken‑to‑hold licence.

For existing and prospective state licence holders

• Ensure authorised applicants: Applications for licences may be made by a person authorised to do so by the applicant (s 11(1A)). Document authorisation carefully when delegating application lodgement.
• Expect broad committee discretion: The advisory committee may take into account any matters it considers fit when considering an application (s 11(2)). Prepare comprehensive application materials because the committee has a wide discretionary scope.
• Watch for condition notices: The Commissioner may impose, vary or revoke conditions at any time and must give written notice (s 12(3), (3A)). Operational compliance requires capabilities to receive and act on written notices from the Commissioner promptly because the changes take effect on notice (s 12(3B)).

For all licence holders and taken‑to‑hold entities

• Review and comply with the code of conduct in the regulations: Regulations may prescribe a code of conduct that is taken to be a condition of a licence (s 12B(1)-(2)). Because the Commissioner cannot vary or revoke that code under s 12(3)(b)-(c), compliance obligations in the code will rest on the published regulations. Obtain and incorporate the code into internal policies as soon as regulations are available.
• Prepare for immediate effect of notices: Notices of condition changes and revocations take effect on receipt of written notice (s 12(3B); s 12A(4)). Implement procedures to check communications from the Commissioner and to act swiftly in response to notices to avoid operating outside authorised conditions.
• Keep records and be prepared to share information: The Commissioner may disclose information to the Commonwealth Commissioner and interstate authorities (s 17C), and may enter agreements with the Commonwealth Commissioner about information provision (s 17B). Maintain accurate records and be ready to supply information in the format and manner required, including any authorised disclosure to interstate authorities.
• Plan for potential revocation processes: Although the Commissioner may refer a proposed revocation to the advisory committee, the Commissioner can revoke after considering any recommendation (s 12A(1)-(2)). Prepare documented compliance materials and engagement plans to respond to a proposed revocation and to present submissions to the advisory committee or Commissioner if a referral occurs.
• Be alert to the three‑year limitation for prosecutions: The Bill inserts a three‑year time limit to commence proceedings for offences committed on or after commencement day (s 19(3); s 23(3)). Retain documents and evidence relevant to compliance for at least that period, and act promptly if investigations or enforcement contacts arise.
• Check regulatory instruments and approved forms: Several operational levers depend on delegated instruments. Specifically, the regulations will prescribe the code of conduct (s 12B(1)) and provide for advisory committee appointment rules (amended s 10(2); s 21(ea)); the Commissioner will approve the notice form required for taken‑to‑hold status (s 6(9)). Review these instruments when they are published and update compliance processes accordingly.

For advisers and in‑house counsel

• Read the Commonwealth Act and the Fair Trading Act provisions: The Bill ties state regulation to Commonwealth registration and imports Fair Trading Act ss 112-113 into the Charitable Collections Act (s 5; s 17D). Advise clients based on the combined text of these instruments and any corresponding regulations and agreements under s 17B.
• Build decision pathways and administrative templates: Draft templates for the Commissioner‑approved notice (once available), application authorisations, submissions in response to proposed condition changes or revocation referrals, and updated donor‑facing communications reflecting any new WA code of conduct.
• Prepare for information sharing: Anticipate the Commissioner’s ability to share information with Commonwealth and interstate authorities (s 17C). Obtain client instructions on consents, data retention, and alignment with privacy and reporting obligations.
• Monitor the regulations and departmental guidance: Many practical details are delegated to regulation and to the department principally assisting the administration of the Act (s 17D(c); amended s 10(2); s 21(ea)). Track regulatory development and departmental guidance for operational and interpretive clarity.

These steps flow directly from the amended statutory text in the Bill. Compliance will turn on the content of the forthcoming regulations, the form(s) the Commissioner approves for notices, any agreements entered with the Commonwealth Commissioner under s 17B, and on interpretation of the Fair Trading Act provisions as applied by s 17D. Practitioners should be ready to adapt policies and procedures once those subsidiary instruments are made available.