Western Australia – Charitable Collections Act

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Western Australia
Charitable Collections Act 1946
Western Australia
Charitable Collections Act 1946
CONTENTS
1. Short title
1
2. Commencement
1

3. Repeal
1
4. Street Collections (Regulation) Act 1940
paramount
1
5. Terms used
1
6. Restriction on certain collections
3
7. War funds
4
8. Grant of authority by licensee
4
9. Revocation of authority by society etc.
5
10. Advisory committee
5
11. Application for licence
5
12. Conditions of licence
6
13. Inquiry as to revocation of licences
7
14. Licences to be issued without charge
8
15. Statements to be furnished by licensees
8
16. Transfers of moneys
9
17. Vesting of funds in Minister
9
17A. Delegation
10
18. General penalty
11
19. Proceedings for offences
11
20. Audit of accounts
11
21. Regulations

12
Notes
Compilation table
13
Defined Terms

Western Australia
Charitable Collections Act 1946
An Act to provide for the regulation and control of the collection of
money or goods for charitable purposes, and to repeal the War
Funds Regulation Act 1939 .
1. Short title
This Act may be cited as the Charitable Collections Act 1946 1.
2. Commencement
This Act shall come into force upon a day to be fixed by
proclamation 1.
3. Repeal
The War Funds Regulation Act 1939 is hereby repealed.
4. Street Collections (Regulation) Act 1940 paramount
This Act shall be construed as subject to the provisions of the
Street Collections (Regulation) Act 1940 (No. 55 of 1940), the
intention being that any provision of that Act or any regulation or
by-law made thereunder shall be paramount to any provision of
this Act or any regulation or by-law made thereunder in the case
of repugnancy or inconsistency.
5. Terms used
In this Act —
charitable purpose means —

(a) the affording of relief to diseased, sick, infirm, incurable,
poor, destitute, helpless or unemployed persons, or to the
dependants of any such persons;
(b) the relief of distress occasioned by war, whether
occasioned in Western Australia or elsewhere;
(c) the supply of equipment to any of His Majesty’s naval,
military, or air forces, including the supply of
ambulances, hospitals and hospital ships;
(d) the supply of comforts or conveniences to members of the
said forces;
(e) the affording of relief, assistance or support to persons
who are or have been members of the said forces or to the
dependants of any such persons;
(f) the support of hospitals, infant health centres,
kindergartens and other activities of a social welfare or
public character;
(g) any other benevolent, philanthropic or patriotic purpose.
maladministration means any act in reference to moneys or
securities for moneys or goods collected or held by a war fund or
collected or held for any charitable purpose, performed by the
persons, society, body or association who or which are or is the
trustees or trustee thereof, in contravention of the duties imposed
on them or it by the trusts or in excess of those duties, and any
neglect or omission on their or its part to fulfil those duties.
Minister means the Minister of the Crown to whom for the time
being the administration of this Act is committed by the
Governor.
present war means the war in which His Majesty was engaged
commencing on 3 September 1939.
securities for money includes real and personal estate.
war fund means a fund lawfully established under the War
Funds Regulation Act 1939 2.
6. Restriction on certain collections
(1) No person shall —
(a) collect or attempt to collect any money or goods for any
charitable purpose; or
(b) obtain or attempt to obtain money by the sale of any disc,
badge, token, flower or other device for any charitable
purpose; or
(c) conduct any entertainment or function to which any
charge for admission is made, or sell or attempt to sell any

ticket for admission to any entertainment or function in
any case where it is held out that any part of the proceeds
of the entertainment or function are to be devoted (either
wholly or partly) for any charitable purpose; or
(d) advertise, whether by way of poster, streamer, handbill,
notice in any newspaper or any other means or hold out
or represent in any manner that the whole or any part of
the proceeds of any sports, races, fete, bazaar or other
function will be paid into or applied for any charitable
purpose,
unless he is —
(e) the holder of a licence under this Act; or
(f) a member of the committee or other governing body, of a
society, body, or association which is the holder of a
licence under this Act and who is authorised by such
licensee; or
(g) authorised to do so by a person, society, body or
association which holds a licence under this Act,
and except in accordance with such licence and authority.
(2) Any person who commits any contravention of this section shall
be guilty of an offence and liable to a penalty not exceeding $100.
(3) In any proceedings for an offence against this section the
prosecution need not negative any of the matters specified in
subsection (1)(e), (f) or (g), but it shall lie on the accused to
prove any of those matters on which he relies.
(4) This section shall apply whether the money or goods are collected
or attempted to be collected solely for any charitable purpose or
partly for any charitable purpose and partly for any other
purpose.
(5) The Governor may by proclamation exempt collections in aid of
any charitable purpose specified therein from the operation of this
section.
[Section 6 amended by No. 113 of 1965 s. 8; No. 84 of 2004
s. 82; No. 8 of 2009 s. 28(2) and (3).] 7. War funds
Where, prior to the commencement of this Act, any war fund has
been established or any moneys or goods have been collected for
any war fund by any person, society, body or association the
establishment of such war fund and the collection of such
moneys or goods shall for the purposes of this Act be deemed to
have been authorised by the Minister under and in accordance

with the provisions of the preceding section and the authority
already issued under the War Funds Regulation Act 1939 2, shall
be deemed to be a licence under this Act.
8. Grant of authority by licensee
Any person, society, body or association being the holder of a
licence under this Act may give any authority referred to in
section 6 by any means approved by the Minister either generally
or in any particular case. Any such approval may be revoked by
the Minister.
9. Revocation of authority by society etc.
(1) Any person, society, body or association being the holder of a
licence under this Act who or which gives any authority referred
to in section 6, may revoke any such authority, and when any
such authority is revoked the person to whom it was given shall,
if the authority was given in writing, within 7 days after notice in
writing of the revocation produce and deliver the same together
with any moneys, books, vouchers or other things held or
controlled by virtue of such authority, to such firstmentioned
person or to a member of the committee or other governing body
of such society, body or association.
(2) Any such person to whom such authority is given who fails to
produce or deliver such authority, together with any moneys,
books, vouchers or other things held or controlled by virtue of
such authority, as aforesaid shall be guilty of an offence and
liable to a penalty not exceeding $100.
[Section 9 amended by No. 113 of 1965 s. 8.] 10. Advisory committee
(1) There shall be an advisory committee for the purposes of
this Act.
(2) There shall be 5 members of the committee who shall from time
to time be appointed by the Governor upon the recommendation
of the Minister.
(3) The Minister shall from time to time appoint one of the members
of the committee to be the chairman thereof.
11. Application for licence
(1) An application for a licence under this Act shall be made to the
Minister, who shall refer the application for consideration and
report by the advisory committee.
(2) In considering any application for a licence the advisory

committee, in addition to taking into account any other matters
thought fit by the committee, shall consider whether, having
regard to the objects of the applicant, those objects would be
more effectively or economically carried out by any other person,
society, body or association being the holder of or an applicant
for a licence under this Act.
(3) After considering the report of the advisory committee on any
application, the Minister may, in his discretion, grant or refuse a
licence to any applicant and shall not be liable to any proceedings
whatsoever as a consequence of any refusal.
12. Conditions of licence
(1) A licence under this Act may authorise collections to be made,
money to be obtained, or entertainments to be conducted, for such
period or for such occasions as the Minister thinks fit, or may
authorise collections to be made, money to be obtained, or
entertainments to be conducted, during such time as the licence
remains unrevoked.
(2) A licence may be issued subject to any condition fixed by the
Minister.
(3) A licence may at any time be revoked by the Minister as an
administrative act.
(4) Where a condition of a licence requires that before being made,
any proposed contract or arrangement, relating to payment from
moneys in hand or to be obtained for any charitable purpose,
shall be submitted to and approved by the Minister —
(a) any contract or arrangement made after the coming into
operation of the Charitable Collections Act Amendment
Act 1949 1, without having been so submitted and
approved shall, subject to the provisions of the next
succeeding paragraph, be void;
(b) any money received by any person in purported
pursuance of a contract or arrangement which is void by
virtue of the provisions of the last preceding subsection
shall be recoverable in any court of competent jurisdiction
as a debt due from that person at the suit of the Minister
or a person authorised by him to sue.
(5) Where money is recovered pursuant to the provisions of
paragraph (b) of the last preceding subsection, it shall, subject to
the provisions of this Act, be appropriated to the charitable
purpose for which it was obtained, but if the cost of recovery has
not been recovered, that cost may first be deducted.

[Section 12 amended by No. 2 of 1949 s. 3.] 13. Inquiry as to revocation of licences
(1) The advisory committee shall, when requested so to do by the
Minister, inquire whether any licence issued under this Act to any
person, society, body or association should be revoked.
(2) The advisory committee may recommend that any such licence be
revoked if it is of the opinion —
(a) that the money or goods received for charitable purposes
by the person, society, body or association are
mismanaged or are substantially applied otherwise than
for affording the relief for which the money or goods
were collected; or
(b) that the amount of any money or goods received by the
person, society, body or association and applied towards
charitable purposes or to be so applied is inadequate in
proportion to the total amount so received; or
(c) that remuneration at a rate which is excessive, in relation
to the part of any money or goods received by the person,
society, body or association and applied towards
charitable purposes, has been, or is likely to be, paid to
any person from the money or goods so received; or
(d) that the person, society, body or association has ceased
effectively to carry out any charitable purpose; or
(e) that for any other reason the licence should be revoked.
[Section 13 amended by No. 8 of 2009 s. 28(4).] 14. Licences to be issued without charge
No fee shall be charged for any licence under this Act.
15. Statements to be furnished by licensees
(1) Every person, society, body or association who or which collects
or receives or before the passing of this Act collected or received
any money or goods for any charitable purpose shall at the time
or times when required by the Minister, submit to the Minister an
audited account setting out the money and goods so collected or
received and a statement of particulars of the manner in which the
same have been dealt with.
(2) The accounts of all persons, societies, bodies or associations
referred to in the next preceding subsection shall be audited by a
person approved by the Minister.
(3) Every person, society, body or association who or which

contravenes or fails to comply with the provisions of this section
shall be guilty of an offence and liable to a penalty not exceeding
$100.
(4) When any society, body, or association is liable to any such
penalty every member of the committee or governing body
thereof or (if there is no committee or governing body thereof)
every member of the society, body or association shall be
severally liable to the penalty unless he proves that the offence
was committed without his knowledge or without his consent.
[Section 15 amended by No. 55 of 1947 s. 4; No. 113 of 1965
s. 8.] 16. Transfers of moneys
(1) If the Governor is satisfied that any moneys or securities for
moneys or goods collected by a war fund or held for any
charitable purpose by or on behalf of any person, society, body
or association, are not or will not be required for that purpose, the
Governor may, by proclamation, declare that the whole or any
part of such moneys and securities or goods shall be —
(a) applied by such person, society, body or association to
any other charitable purpose; or
(b) vested in and transferred to the Minister to be applied to
any charitable purpose, and may by the same or any
subsequent proclamation vest and transfer the said
moneys, securities and goods or any part thereof in and to
such persons and for any such charitable purposes as the
Governor shall declare.
(1A) If such moneys, securities or goods were originally collected by a
war fund they shall be applied to purposes connected with the
present war unless the Minister on the advice of the advisory
committee otherwise directs.
(2) Any such proclamation shall have the force of law, and payments
and transfers shall be made to carry out the directions of the
Governor thereby made.
(3) A proclamation shall not be made under this section until a
resolution has been passed by both Houses of Parliament
approving of the making of the proclamation.
(4) This section shall apply notwithstanding any exemption given by
a proclamation issued under section 6(5).
[Section 16 amended by No. 55 of 1947 s. 5; No. 19 of 2010
s. 51.] 17. Vesting of funds in Minister

(1) The Governor may, by proclamation, vest in the Minister the
moneys, securities for moneys or goods collected by a war fund
or held for any charitable purpose by or on behalf of any person,
society, body or association, on being satisfied —
(a) that a majority of at least three-fourths in number of the
persons who are trustees or who have the control of the
moneys or securities for moneys or goods have consented
thereto; or
(b) there has been maladministration of the moneys, securities
for moneys, or goods.
(2) The moneys, securities or goods vested in the Minister by a
proclamation made under this section shall be held upon the trusts
upon which they were held prior to being vested in the Minister.
(2A) The Governor may by proclamation vary the trusts referred to in
subsection (2) and may by the same or any subsequent
proclamation vest the said moneys, securities and goods or any
part thereof in such persons and for such charitable purposes as
the Governor shall specify.
(3) Any such proclamation shall have the force of law, and payments
and transfers shall be made to carry out the directions of the
Governor thereby made.
(4) The receipt of the Minister shall be a sufficient discharge to the
said persons as to moneys, securities and goods paid and
transferred, and the said persons shall not thereafter be liable or
accountable therefor, or be bound to see to the application,
distribution or appropriation thereof.
[Section 17 amended by No. 55 of 1947 s. 6; No. 19 of 2010
s. 51.] 17A. Delegation
(1) The Minister may, either generally or as provided by the
instrument of delegation, delegate to any person any of the
Minister’s functions under this Act except this power of
delegation.
(2) Performance of a function by a delegate is to be treated as
performance by the Minister.
(3) A person purporting to act under this section as a delegate is
taken to have acted in accordance with the terms of the delegation
unless the contrary is shown.
[Section 17A inserted by No. 74 of 2003 s. 33.] 18. General penalty

Except where otherwise specifically provided the penalty for any
breach of this Act shall not exceed $40.
[Section 18 amended by No. 113 of 1965 s. 8; No. 59 of 2004
s. 141.] 19. Proceedings for offences
(1) No prosecution for an offence against this Act shall be instituted
without the approval in writing of the Minister.
(2) Unless proof to the contrary is given, any document purporting to
be signed by the Minister and to be an approval by the Minister
under subsection (1) shall, without any further proof or proof of
the signature of the Minister, be sufficient proof before any court
of the giving of the approval.
20. Audit of accounts
(1) Where moneys have been raised or collected for any charitable
purpose the Auditor General himself, or by some other officer
appointed by him or an officer authorised by the Minister for the
purpose, may inspect, examine, and audit accounts relating to any
such moneys, and investigate and examine all documents and
vouchers connected therewith.
(2) The Auditor General shall as soon as practicable after such
inspection, examination, and audit, make and forward to the
Minister a report of the result thereof.
(3) Such report may, if the Minister so directs, be published in any
newspaper.
(4) The Auditor General, and any officer appointed by him as
aforesaid, shall have and may exercise for the purposes of this
section all or any of the powers conferred upon him with
reference to the auditing of public accounts by the Auditor
General Act 2006 .
[Section 20 amended by No. 2 of 1949 s. 4; No. 98 of 1985 s. 3;
No. 77 of 2006 Sch. 1 cl. 23.] 21. Regulations
The Governor may make any regulations, not inconsistent with
this Act, which may be necessary or convenient for carrying out
any of the provisions of this Act or for better effecting the objects
of this Act, and in particular —
(a) to prescribe the manner in which and times when returns,
accounts and statements required under this Act, shall be
made;

(b) to prescribe the manner of investment of moneys collected
or held for charitable purposes;
(c) to prescribe times for the doing of any act, matter or thing
required by this Act to be done by licence holders or by
other persons in connection with collections or
entertainments for charitable purposes;
(d) to prescribe and regulate methods of banking of moneys
collected for charitable purposes;
(e) to prescribe the forms to be used for the purposes of
this Act;
(f) to regulate the proceedings and provide for the carrying
on of the functions of the advisory committee.
[Section 21 amended by No. 55 of 1947 s. 7.] Notes
1 This is a compilation of the Charitable Collections Act 1946 and includes the
amendments made by the other written laws referred to in the following table.
The table also contains information about any reprint.
Compilation table
Short title Number and year Assent Commencement
Charitable Collections Act 1946 29 of 1946 (10 and 11 Geo. VI No. 29)
24 Jan 1947 28 Mar 1947 (see s. 2 and Gazette 28 Mar 1947 p. 509)
Charitable Collections Act Amendment Act 1947 55 of 1947 (11 and 12 Geo. VI No. 55)
10 Jan 1948 10 Jan 1948
Charitable Collections Act Amendment Act 1949 2 of 1949 (13 Geo. VI No. 88)
24 Aug 1949 24 Aug 1949
Reprint of the Charitable Collections Act 1946 approved 9 Apr 1959 (includes amendments listed above)
Decimal Currency Act 1965 113 of 1965 21 Dec 1965 Act other than s. 4-9: 21 Dec 1965 (see s. 2(1));s. 4-9: 14 Feb 1966 (see s. 2(2))
Reprint of the Charitable Collections Act 1946 authorised 24 Mar 1971 (includes amendments listed above)
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3
98 of 1985 4 Dec 1985 1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)
Statutes (Repeals and Minor Amendments) Act 2003 s. 33 74 of 2003 15 Dec 2003 15 Dec 2003 (see s. 2)
Reprint 3: The Charitable Collections Act 1946 as at 2 Apr 2004 (includes amendments listed above)
Courts Legislation Amendment and Repeal Act 2004 s. 141
59 of 2004 23 Nov 2004 1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 82
84 of 2004 16 Dec 2004 2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))
Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 23
77 of 2006 21 Dec 2006 1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 28
8 of 2009 21 May 2009 22 May 2009 (see s. 2(b))
Reprint 4: The Charitable Collections Act 1946 as at 4 Sep 2009 (includes amendments listed above)
Standardisation of Formatting Act 2010 s. 51 19 of 2010 28 Jun 2010 11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

Short title Number and year Assent Commencement
Charitable Collections Act 1946 29 of 1946 (10 and 11 Geo. VI No. 29)
24 Jan 1947 28 Mar 1947 (see s. 2 and Gazette 28 Mar 1947 p. 509)
Charitable Collections Act Amendment Act 1947 55 of 1947 (11 and 12 Geo. VI No. 55)
10 Jan 1948 10 Jan 1948
Charitable Collections Act Amendment Act 1949 2 of 1949 (13 Geo. VI No. 88)
24 Aug 1949 24 Aug 1949
Reprint of the Charitable Collections Act 1946 approved 9 Apr 1959 (includes amendments listed above)
Decimal Currency Act 1965 113 of 1965 21 Dec 1965 Act other than s. 4-9: 21 Dec 1965 (see s. 2(1));s. 4-9: 14 Feb 1966 (see s. 2(2))
Reprint of the Charitable Collections Act 1946 authorised 24 Mar 1971 (includes amendments listed above)
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3
98 of 1985 4 Dec 1985 1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)
Statutes (Repeals and Minor Amendments) Act 2003 s. 33 74 of 2003 15 Dec 2003 15 Dec 2003 (see s. 2)
Reprint 3: The Charitable Collections Act 1946 as at 2 Apr 2004 (includes amendments listed above)
Courts Legislation Amendment and Repeal Act 2004 s. 141
59 of 2004 23 Nov 2004 1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 82
84 of 2004 16 Dec 2004 2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))
Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 23
77 of 2006 21 Dec 2006 1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 28
8 of 2009 21 May 2009 22 May 2009 (see s. 2(b))
Reprint 4: The Charitable Collections Act 1946 as at 4 Sep 2009 (includes amendments listed above)
Standardisation of Formatting Act 2010 s. 51 19 of 2010 28 Jun 2010 11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
2 Repealed by section 3 of this Act.
Defined Terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s)
charitable purpose
5
maladministration
5
Minister
5
present war
5
securities for money
5
war fund
5