Charities and Associations Law (Miscellaneous) Amendment Bill 2025
[Bill 65]-IV
TASMANIA
CHARITIES AND ASSOCIATIONS LAW
(MISCELLANEOUS) AMENDMENT BILL 2025
CONTENTS
PART 1 – PRELIMINARY
Short title
Commencement
PART 2 – ASSOCIATIONS INCORPORATION ACT 1964 AMENDED
Principal Act
Section 24 amended (Accounts and audit)
Section 24B amended (Annual returns)
PART 3 – COLLECTIONS FOR CHARITIES ACT 2001 AMENDED
Principal Act
Section 3 amended (Interpretation)
Section 4A inserted
4A. Functions of Commissioner
Section 5 amended (Permissible soliciting)
Section 6 amended (Approval of organisations for soliciting)
Section 6A inserted
6A. ACNC-registered entity not to solicit without
notifying
Section 7 amended (Requirement for licence or authority in
another jurisdiction)
Sections 9 and 10 repealed
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14. Sections 12 and 13 repealed
15. Sections 17, 17A, 17B, 17C, 17D, 17E and 17F inserted
17. Codes of practice
17A. Contravention of code of practice
17B. Injunctions for breaches of code of practice
17C. Infringement notices
17D. Annual returns
17E. Proceedings for offences
17F. Liability of body corporates
16. Section 18 amended (Regulations)
PART 4 – REPEAL OF ACT
17. Repeal of Act
[Bill 65] 3
CHARITIES AND ASSOCIATIONS LAW
(MISCELLANEOUS) AMENDMENT BILL 2025
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
LAURA ROSS, Clerk of the House
26 March 2026
(Brought in by the Minister for Small Business, Trade and
Consumer Affairs, the Honourable Guy Barnett)
A BILL FOR
An Act to amend the Collections for Charities Act 2001 and
the Associations Incorporation Act 1964
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 – PRELIMINARY
Short title
This Act may be cited as the Charities and
Associations Law (Miscellaneous) Amendment
Act 2025.
Commencement
This Act commences on a day to be proclaimed.
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Act No. of 2025
s. 3 Part 2 – Associations Incorporation Act 1964 Amended
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PART 2 – ASSOCIATIONS INCORPORATION ACT
1964 AMENDED
3. Principal Act
In this Part, the Associations Incorporation Act
1964* is referred to as the Principal Act.
4. Section 24 amended (Accounts and audit)
Section 24(1C) of the Principal Act is amended
as follows:
(a) by omitting “registered entity” and
substituting “incorporated association”;
(b) by omitting paragraph (a) and
substituting the following paragraph:
(a) $500 000; or
5. Section 24B amended (Annual returns)
Section 24B(1) of the Principal Act is amended
as follows:
(a) by inserting “, in such form as the
Commissioner requires,” after “with the
Commissioner”;
(b) by omitting from paragraph (d) “year.”
and substituting “year; and”;
*No. 64 of 1964
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(c) by inserting the following paragraph after
paragraph (d):
(e) such other information as the
Commissioner requires.
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Act No. of 2025
s. 6 Part 3 – Collections for Charities Act 2001 Amended
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PART 3 – COLLECTIONS FOR CHARITIES ACT 2001
AMENDED
6. Principal Act
In this Part, the Collections for Charities Act
2001* is referred to as the Principal Act.
7. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definitions
before the definition of administrator in
subsection (1):
ACNC means the Australian Charities
and Not-for-profits Commission
established under the Australian
Charities and Not-for-profits
Commission Act 2012 of the
Commonwealth;
ACNC-registered entity means an
entity registered under Part 2-1 of
the Australian Charities and Not-
for-profits Commission Act 2012
of the Commonwealth;
(b) by omitting the definition of charitable
purpose from subsection (1) and
substituting the following definitions:
*No. 28 of 2001
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charitable purpose means a
benevolent, philanthropic or
patriotic purpose that includes,
but is not limited to, a purpose
such as helping individuals, the
welfare of animals or the
protection of the environment;
code of practice means a code of
practice prescribed by the
regulations;
(c) by inserting “, fundraised” after
“donated” in the definition of donation in
subsection (1);
(d) by inserting the following definition after
the definition of donation in subsection
(1):
infringement offence means an
offence against this Act or the
regulations that is prescribed by
the regulations to be an
infringement offence;
(e) by omitting “media;” from paragraph (g)
of the definition of solicit in subsection
(1) and substituting “media.”;
(f) by omitting the definition of sunset from
subsection (1);
(g) by omitting the table from subsection (3)
and substituting the following table:
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s. 8 Part 3 – Collections for Charities Act 2001 Amended
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Charitable Collections Act 1946 of Western Australia;
Charitable Fundraising Act 1991 of New South
Wales;
Collections Act 1966 of Queensland;
Charitable Collections Act 2003 of the Australian
Capital Territory;
Collections for Charitable Purposes Act 1939 of
South Australia;
Fundraising Act 1998 of Victoria.
8. Section 4A inserted
After section 4 of the Principal Act, the
following section is inserted:
4A. Functions of Commissioner
In addition to any functions under any
other Act, the Commissioner has the
following functions for the purposes of
this Act:
(a) to advise the Minister in relation
to the administration of this Act
or matters arising under this Act;
(b) to inform the public about such
matters relating to the operation
of this Act as the Commissioner
considers appropriate;
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(c) to facilitate training and
education in respect of matters
under this Act;
(d) any other function determined by
the Minister or prescribed by the
regulations.
9. Section 5 amended (Permissible soliciting)
Section 5(2) of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) an ACNC-registered entity; or
10. Section 6 amended (Approval of organisations for
soliciting)
Section 6(1) of the Principal Act is amended by
inserting “, other than an ACNC-registered
entity,” after “an organisation”.
11. Section 6A inserted
After section 6 of the Principal Act, the
following section is inserted:
6A. ACNC-registered entity not to solicit without
notifying
(1) An ACNC-registered entity, other than
an association incorporated in Tasmania
or a corporation whose principal office is
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located in Tasmania, must not solicit for
any charitable purpose unless it has
first –
(a) notified the Commissioner of its
intention to do so; or
(b) notified the ACNC of that
intention in order for the ACNC
to notify the Commissioner.
Penalty: Fine not exceeding 50 penalty
units.
(2) The Commissioner may impose such
conditions as the Commissioner thinks fit
on the soliciting for a charitable purpose
by an ACNC-registered entity.
12. Section 7 amended (Requirement for licence or
authority in another jurisdiction)
Section 7 of the Principal Act is amended by
inserting “, other than an ACNC-registered
entity,” after “An organisation”.
13. Sections 9 and 10 repealed
Sections 9 and 10 of the Principal Act are
repealed.
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Part 3 – Collections for Charities Act 2001 Amended s. 14
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14. Sections 12 and 13 repealed
Sections 12 and 13 of the Principal Act are
repealed.
15. Sections 17, 17A, 17B, 17C, 17D, 17E and 17F
inserted
After section 16 of the Principal Act, the
following sections are inserted:
17. Codes of practice
(1) The Governor, on the recommendation of
the Minister, may make regulations
prescribing a code of practice.
(2) Before a code of practice is prescribed
under subsection (1), the Minister is to –
(a) prepare a draft of the code of
practice; and
(b) in respect of the draft code of
practice, arrange for consultation
with, and invite submissions
from –
(i) the public; and
(ii) any other person, body or
organisation who the
Minister believes would
have an interest in the
terms of the proposed
code of practice.
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(3) A person must not contravene or fail to
comply with a provision of a code of
practice.
Penalty: In the case of –
(a) a body corporate, a fine
not exceeding 100 penalty
units; or
(b) an individual, a fine not
exceeding 20 penalty
units.
17A. Contravention of code of practice
(1) The Director, under the Consumer
Affairs Act 1988, may make a
recommendation to the Commissioner
that an order be applied for under this
section in respect of an alleged
contravention of a code of practice if –
(a) the Director investigates, under
that Act, a complaint in respect of
the code of practice; and
(b) as a result of the investigation,
the Director is satisfied that a
person has contravened a
provision of the code of practice.
(2) The Commissioner may, on the
Commissioner’s own initiative or at the
recommendation of the Director under
subsection (1), apply to a magistrate for
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an order under this section in respect of
an alleged contravention of a provision
of the code of practice.
(3) If a magistrate is satisfied that a person
has contravened a provision of a code of
practice, the magistrate may order that
the person –
(a) cease contravening that
provision; and
(b) rectify any consequence of the
contravention of that provision.
(4) In addition to any order made under
subsection (3) in respect of a
contravention of a provision of a code of
practice, a magistrate may make either or
both of the following additional orders:
(a) an order prohibiting the person
from continuing to consent to, or
connive at, the contravention;
(b) an order prohibiting the person
from consenting to, or conniving
at, a similar contravention by any
other body corporate of which the
person is a director or in the
management of which the person
is concerned.
(5) An order may only be made under
subsection (4) in respect of a
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contravention of a provision of a code of
practice if –
(a) the contravention is by a body
corporate; and
(b) the magistrate is satisfied that it
occurred with the consent or
connivance of a person who, at
the time of the contravention, was
a director of the body corporate
or a person concerned in its
management.
(6) An order under this section may be made
for such period and subject to such
conditions as the magistrate making the
order thinks fit, including, but not limited
to –
(a) conditions relating to the future
conduct of the person who is the
subject of the order; and
(b) conditions relating to the actions
to be taken to rectify the
consequences of the
contravention which is the subject
of the order.
(7) It is a defence in any proceedings in
respect of a failure to comply with a code
of practice if the defendant establishes
that compliance was effected by means
other than those specified in the code of
practice.
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17B. Injunctions for breaches of code of practice
(1) The Director, under the Consumer
Affairs Act 1988, may apply to the
Supreme Court for an injunction under
this section.
(2) The Supreme Court may grant an
injunction under this section if the Court
is satisfied that a person has engaged in
conduct that constitutes, or is proposing
to engage in conduct that would
constitute –
(a) a contravention of a provision of
an order of a magistrate under
section 17A; or
(b) attempting to contravene such a
provision; or
(c) aiding, abetting, counselling or
procuring a person to contravene
such a provision; or
(d) inducing, or attempting to induce,
whether by threats or promises or
otherwise, a person to contravene
such a provision; or
(e) being in any way, directly or
indirectly, knowingly concerned
in, or party to, the contravention
by a person of such a provision;
or
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(f) conspiring with others to
contravene such a provision.
(3) An injunction granted under
subsection (2) may be granted –
(a) on such terms as the Court
considers appropriate in the
circumstances; or
(b) as either –
(i) a permanent injunction; or
(ii) an interim injunction,
with or without an
undertaking being
required as to damages or
costs.
17C. Infringement notices
(1) An authorized officer, within the
meaning of the Consumer Affairs Act
1988, may issue and serve an
infringement notice on a person if the
officer reasonably believes that the
person has committed an infringement
offence.
(2) An infringement notice may not be
served on an individual who has not
attained the age of 18 years.
(3) An infringement notice –
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(a) is to be in accordance
with section 14 of the Monetary
Penalties Enforcement Act 2005;
and
(b) is not to relate to more than 3
offences.
(4) The regulations –
(a) may prescribe, for infringement
offences, the penalties payable
under infringement notices; and
(b) may prescribe different penalties
for bodies corporate and
individuals.
(5) The penalty prescribed for any
infringement offence is not to exceed
20% of the maximum penalty that could
be imposed on an individual by a court in
respect of the offence.
17D. Annual returns
(1) The Commissioner may require an
organisation to provide to the
Commissioner, within 6 months after the
end of the financial year, an annual
return containing such information as the
Commissioner may require.
(2) An organisation is not required to
provide an annual return under this
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section for a financial year if the
organisation –
(a) was an ACNC-registered entity
for all or part of the financial
year; and
(b) has, in respect of the financial
year, complied with the financial
and reporting requirements of the
Australian Charities and Not-for-
profits Commission Act 2012 of
the Commonwealth.
17E. Proceedings for offences
Proceedings for an offence against this
Act –
(a) may, with the consent of the
Commissioner, be commenced by
an authorized officer, within the
meaning of the Consumer Affairs
Act 1988; and
(b) must be commenced within –
(i) 3 years after the date on
which the offence is
alleged to have been
committed; and
(ii) 6 months after the date on
which evidence of the
alleged offence first came
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to the attention of the
Commissioner.
17F. Liability of body corporates
(1) If a body corporate contravenes a
provision of this Act, a person who is
concerned in, or takes part in, the
management of the body corporate is
taken to have contravened that provision.
(2) It is a defence in proceedings in respect
of a contravention referred to in
subsection (1) for a person to prove
that –
(a) the body corporate contravened
the provision without the person’s
knowledge; or
(b) the person was not in a position
to influence the conduct of the
body corporate in relation to the
contravention; or
(c) the person, if in such a position,
attempted to prevent the
contravention by the body
corporate.
(3) A person referred to in subsection (1)
may be convicted of a contravention of a
provision of this Act whether or not the
body corporate has been convicted of its
contravention.
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(4) Nothing in this section affects the
liability of a body corporate for an
offence committed by it against a
provision of this Act.
16. Section 18 amended (Regulations)
Section 18(2) of the Principal Act is amended by
inserting after paragraph (d) the following
paragraph:
(da) provide for the making of codes of
practice; and
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Part 4 – Repeal of Act s. 17
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PART 4 – REPEAL OF ACT
17. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.
Government Printer, Tasmania