sec.47Regulation-making power

sec.47 Regulation-making power

The Governor in Council may make regulations under this Act. 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. 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. 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. s 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 (sec.47-ssec.1) The Governor in Council may make regulations under this Act. (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. (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. (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.