16—1 page i
Western Australia
Charitable Collections Amendment Bill 2025
Contents
Short title 2
Commencement 2
Act amended 2
Section 5 amended 2
Section 6 amended 3
Section 7 deleted 4
Section 10 amended 4
Section 11 amended 4
Section 12 amended 5
Sections 12A and 12B inserted 7
12A. Revocation of licence 7
12B. Code of conduct 7
Section 13 amended 8
Section 15 amended 8
Section 16 amended 8
Section 17 amended 8
Sections 17B to 17D inserted 8
17B. Agreement with Commonwealth
Commissioner 8
17C. Disclosure of information 9
17D. Application of Fair Trading Act 2010
s. 112 and 113 9
Section 19 amended 9
Section 20 amended 10
Section 21 amended 10
Section 23 inserted 10
Transitional provision for Charitable
Collections Amendment Act 2025 10
Various references to “under this Act” deleted 11
page 1
Western Australia
LEGISLATIVE COUNCIL
Charitable Collections Amendment Bill 2025
A Bill for
An Act to amend the Charitable Collections Act 1946.
The Parliament of Western Australia enacts as follows:
Charitable Collections Amendment Bill 2025
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page 2
Short title1
This is the Charitable Collections Amendment Act 2025.2
Commencement3
This Act comes into operation as follows —4
(a) sections 1 and 2 — on the day on which this Act5
receives the Royal Assent;6
(b) the rest of the Act — on a day fixed by proclamation.7
Act amended8
This Act amends the Charitable Collections Act 1946.9
Section 5 amended10
(1) In section 5 delete the definitions of:11
Minister12
present war13
war fund14
(2) In section 5 insert in alphabetical order:15
16
Commonwealth Act means the Australian Charities17
and Not-for-profits Commission Act 201218
(Commonwealth);19
Commonwealth Commissioner means the20
Commissioner of the Australian Charities and21
Not-for-profits Commission established under the22
Commonwealth Act section 110-5;23
Commonwealth registered entity means an entity24
registered under the Commonwealth Act Part 2-1;25
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licence means a licence —1
(a) granted under section 11(3); or2
(b) that is taken to be held by a Commonwealth3
registered entity under section 6(6);4
5
(3) In section 5 in the definition of maladministration delete6
“collected or held by a war fund or”.7
5. Section 6 amended8
(1) In section 6(1) delete “he” and insert:9
10
the person11
12
(2) In section 6(3) delete “he” and insert:13
14
the accused15
16
(3) After section 6(5) insert:17
18
(6) Subject to subsections (7) and (8), a Commonwealth19
registered entity is taken to hold a licence for the20
purposes of this Act —21
(a) while the entity remains registered under the22
Commonwealth Act; and23
(b) if the entity has given notice of its intention to24
do any of the things in subsection (1)(a) to (d)25
to the Commissioner.26
(7) A Commonwealth registered entity is not taken to hold27
a licence under subsection (6) if the licence has been28
revoked under section 12A(2).29
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(8) Also, a Commonwealth registered entity is not taken to1
hold a licence under subsection (6) if the entity has2
been granted a licence under section 11(3) and that3
licence has not been revoked under section 12A(2).4
(9) A notice given under subsection (6) must be in a form5
approved by the Commissioner.6
7
6. Section 7 deleted8
Delete section 7.9
7. Section 10 amended10
(1) In section 10(2) delete “Governor upon the recommendation of11
the Minister.” and insert:12
13
Minister in accordance with the regulations.14
15
(2) In section 10(3) delete “chairman thereof.” and insert:16
17
chairperson of the committee.18
19
8. Section 11 amended20
(1) In section 11(1) delete “must” (2nd occurrence) and insert:21
22
may23
24
(2) Delete section 11(2) and insert:25
26
(1A) An application for a licence may be made by a person27
who is authorised to do so by the applicant.28
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(2) In considering any application for a licence the1
advisory committee may take into account any matters2
the committee considers fit.3
4
(3) In section 11(3) delete “on any” and insert:5
6
(if any) on an7
8
9. Section 12 amended9
(1) In section 12(1) delete “under this Act” and insert:10
11
granted under section 11(3)12
13
(2) After section 12(1) insert:14
15
(1A) A licence that a Commonwealth registered entity is16
taken to hold under section 6(6) authorises collections17
to be made, money to be obtained, or entertainments to18
be conducted —19
(a) for such period or for such occasions as the20
Commissioner may notify from time to time; or21
(b) if no period or occasion is notified, while the22
licence remains unrevoked.23
24
(3) In section 12(2) delete “issued” and insert:25
26
granted under section 11(3)27
28
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(4) Delete section 12(3) and insert:1
2
(3) The Commissioner may, at any time —3
(a) impose a condition on a licence; or4
(b) vary a condition on a licence; or5
(c) revoke a condition on a licence.6
(3A) The Commissioner must give written notice of the7
imposition, variation or revocation of a condition on a8
licence under subsection (3) to the holder of the9
licence.10
(3B) The imposition, variation or revocation of a condition11
on a licence under subsection (3) takes effect on notice12
being given under subsection (3A).13
14
(5) In section 12(4):15
(a) in paragraph (a) delete “the provisions of the next16
succeeding paragraph,” and insert:17
18
paragraph (b),19
20
(b) in paragraph (b) delete “by virtue of the provisions of21
the last preceding subsection” and insert:22
23
under paragraph (a)24
25
(6) In section 12(5) delete “pursuant to the provisions of26
paragraph (b) of the last preceding subsection,” and insert:27
28
under subsection (4)(b),29
30
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10. Sections 12A and 12B inserted1
After section 12 insert:2
3
12A. Revocation of licence4
(1) If the Commissioner proposes to revoke a licence5
(proposed revocation), the Commissioner may refer6
the proposed revocation for recommendation by the7
advisory committee under section 13.8
(2) After considering the recommendation of the advisory9
committee (if any) on a proposed revocation, the10
Commissioner may at any time revoke a licence.11
(3) The Commissioner must give written notice of the12
revocation of a licence under subsection (2) to the13
holder of the licence.14
(4) The revocation of a licence under subsection (2) takes15
effect on notice being given under subsection (3).16
12B. Code of conduct17
(1) The regulations may prescribe —18
(a) a code of conduct for the purpose of regulating19
the holders of licences and persons authorised20
by them; and21
(b) transitional provisions for the coming into22
effect of the code of conduct.23
(2) A provision of a code of conduct prescribed under24
subsection (1) —25
(a) is taken to be a condition of a licence; but26
(b) cannot be varied under section 12(3)(b) or27
revoked under section 12(3)(c).28
29
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11. Section 13 amended1
In section 13(1):2
(a) delete “so to do”;3
(b) delete “issued under this Act to” and insert:4
5
held by6
7
12. Section 15 amended8
In section 15(3B) delete “section 12(2),” and insert:9
10
section 12(2) or (3)(a) or (b),11
12
13. Section 16 amended13
(1) In section 16(1) delete “by a war fund”.14
(2) Delete section 16(1A).15
14. Section 17 amended16
In section 17(1) delete “by a war fund”.17
15. Sections 17B to 17D inserted18
After section 17A insert:19
20
17B. Agreement with Commonwealth Commissioner21
The Commissioner may enter into an agreement with22
the Commonwealth Commissioner in relation to —23
(a) the manner in which Commonwealth registered24
entities may provide information for the25
purposes of this Act; and26
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(b) the provision of information obtained under the1
Commonwealth Act to the Commissioner for2
the purposes of this Act.3
17C. Disclosure of information4
The Commissioner may disclose information gained in5
the course of the administration of this Act to —6
(a) the Commonwealth Commissioner; or7
(b) an authority responsible for administering a law8
relating to the collection of money or goods for9
charitable purposes in another State or a10
Territory.11
17D. Application of Fair Trading Act 2010 s. 112 and 11312
The Fair Trading Act 2010 sections 112 and 11313
extend and apply, with any necessary modifications, to14
this Act as if —15
(a) the sections were a part of this Act; and16
(b) a reference to “this Act” in the sections of that17
Act were a reference to this Act; and18
(c) a reference to “the Department” in section 11319
of that Act were a reference to the department20
of the Public Service principally assisting in the21
administration of this Act.22
23
16. Section 19 amended24
After section 19(2) insert:25
26
(3) Proceedings for an offence against this Act may be27
commenced within 3 years after the day on which the28
offence is alleged to have been committed.29
30
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17. Section 20 amended1
(1) In section 20(1):2
(a) delete “General himself ,” and insert:3
4
General,5
6
(b) delete “him” and insert:7
8
the Auditor General9
10
(2) In section 20(4) delete “him” (each occurrence) and insert:11
12
the Auditor General13
14
18. Section 21 amended15
After section 21(e) insert:16
17
(ea) to provide for the appointment of the members18
of the advisory committee;19
20
19. Section 23 inserted21
After section 22 insert:22
23
23. Transitional provision for Charitable Collections24
Amendment Act 202525
(1) In this section —26
commencement day means the day on which the27
Charitable Collections Amendment Act 2025 section 1928
comes into operation;29
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new section 10(2) means section 10(2) as in force on1
commencement day;2
new section 19(3) means section 19(3) as in force on3
commencement day.4
(2) An appointment of a member of the advisory5
committee that was in force immediately before6
commencement day continues to have effect on and7
after commencement day as if it had been made under8
new section 10(2).9
(3) New section 19(3) applies only in relation to10
proceedings for an offence against this Act alleged to11
have been committed on or after commencement day.12
13
20. Various references to “under this Act” deleted14
In the provisions listed in the Table delete “under this Act”.15
Table16
s. 6(1)(e), (f) and (g) s. 8
s. 9(1) s. 11(1)
s. 14
Note: The heading to amended section 14 is to read:17
No charge for a licence18