COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 TABLE OF PROVISIONS 1. Short title 4. Interpretation 5. Delegation by Minister 6. Collectors must be authorised by licence 6A. Licence requirements where collection contract entered into 6B. Disclosure requirements for collectors--unattended collection boxes 6C. Disclosure requirements for collectors--other collections 7. Licence required in relation to certain entertainments 8. Grant of authority by licensee 9. Revocation of authority by society etc 11. Application for licence 12. Conditions of licence etc 14. Licences to be issued gratis 15. Accounts, statements and audit 15A. Appointment of inspectors 15B. Powers of inspectors 15C. False and misleading statements 15D. Dishonest, deceptive or misleading conduct 16. Application of money and property for other charitable purposes 17. Vesting of funds in Minister 18. Exemptions 18B. Service of notices etc 18C. Evidentiary 19. Proceedings for offences 20. Regulations 21. Saving provision Legislative history Appendix--Divisional penalties and expiation fees COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - LONG TITLE An Act to provide for the control of persons soliciting money or property for certain charitable purposes; and for other purposes. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 1 1--Short title This Act may be cited as the Collections for Charitable Purposes Act 1939. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 4 4--Interpretation In this Act-- "body" means a body whether corporate or unincorporate; "charitable purpose" means-- (a) the affording of relief to diseased, disabled, sick, infirm, incurable, poor, destitute, helpless, or unemployed persons, or to the dependents of any such persons; (b) the relief of distress occasioned by war, whether occasioned in South Australia or elsewhere; (e) the affording of relief, assistance, or support to persons who are or have been members of the armed forces of Australia or to the dependents of any such persons; (f) the provision of welfare services for animals; "collection contract" means a contract under which a person agrees to act as a paid collector for a person, society, body or association; "collector"--a person acts as a collector if the person-- (a) collects or attempts to collect money or property wholly or partly for a charitable purpose; or (b) obtains or attempts to obtain money wholly or partly for a charitable purpose by the sale of a disc, badge, token, flower, ribbon or other device; or (c) obtains or attempts to obtain a bequest, devise or other grant of money or property wholly or partly for a charitable purpose; "inspector" means a person appointed by the Minister as an inspector under section 15A; "paid collector"--a person acts as a paid collector if the person receives valuable consideration to act as a collector; "property" includes real and personal property; "section 6 licence" means a licence granted under this Act for the purposes of section 6; "section 6A licence" means a licence granted under this Act for the purposes of section 6A; "section 7 licence" means a licence granted under this Act for the purposes of section 7. Note-- For definition of divisional penalties (and divisional expiation fees) see Appendix. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 5 5--Delegation by Minister (1) The Minister may, by notice in the Gazette, delegate any of the Minister's powers or functions under this Act-- (a) to a particular person or body; or (b) to the person for the time being occupying a particular position. (2) A delegation under this section-- (a) may be absolute or conditional; and (b) does not derogate from the power of the Minister to act in any matter; and (c) may be varied or revoked by the Minister by subsequent notice in the Gazette. (3) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 6 6--Collectors must be authorised by licence (1) Subject to subsection (2), a person must not act as a collector unless the person holds, or is authorised by the holder of, a section 6 licence. Penalty: Division 6 fine. (2) Subsection (1) does not apply if-- (a) the person-- (i) only collects or attempts to collect money or property from persons known to the person or with whom the person regularly associates; and (ii) provides all of the money or property so collected to the holder of a section 6 licence; and (iii) is not a paid collector; or (b) the person-- (i) only collects or attempts to collect property for the purpose of affording relief to a particular person or to the dependants of a particular person; and (ii) provides all of the property so collected to that person or to those dependants; and (iii) is not a paid collector. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 6A 6A--Licence requirements where collection contract entered into A paid collector must not employ or engage another person (whether or not for valuable consideration) to act as a collector in performance of the paid collector's obligations under a collection contract unless the paid collector is the holder of a section 6A licence. Penalty: Division 6 fine. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 6B 6B--Disclosure requirements for collectors--unattended collection boxes (1) A person who acts as a collector by placing an unattended collection box in a public place must ensure that the collection box is marked, in a reasonably prominent position, with the following information: (a) the name of, and contact details for, the holder of the section 6 licence under which the person is authorised to act as a collector and, if the holder of that licence has previously submitted a statement under section 15(2)(b), particulars of the website maintained by the Minister under section 15(6) or any other website at which the last such statement submitted by the holder of that licence can be inspected; (b) any other information prescribed by regulation. (2) A paid collector who contravenes or fails to comply with subsection (1) is guilty of an offence. Penalty: Division 7 fine. (3) The holder of a section 6 licence must take reasonable steps to ensure that each person authorised to act as a collector by the holder of the licence is aware of his or her obligations under this section and is provided with the information referred to in subsection (1). Penalty: Division 6 fine. (4) The holder of a section 6A licence must take reasonable steps to ensure that each person employed or engaged (whether or not for valuable consideration) to act as a collector by the holder of the licence is aware of his or her obligations under this section and is provided with the information referred to in subsection (1). Penalty: Division 6 fine. (5) For the purposes of this section, a collection box that is not attended by any person who is the holder of a section 6 licence in respect of the collection, or authorised by the holder of such a licence, will be taken to be an unattended collection box. (6) In this section-- "collection box" includes any form of receptacle for the collection of money, whether the money is to be placed in the receptacle as a donation or for the purchase of a disc, badge, token, flower, ribbon or other device. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 6C 6C--Disclosure requirements for collectors--other collections (1) A person who acts as a collector must tell each person from whom money or property, or a bequest, devise or other grant of money or property, is collected or obtained or attempted to be collected or obtained-- (a) his or her name or, if the person is issued with a unique identifier by the holder of the section 6 licence under which the person is authorised to act as a collector, that unique identifier; and (b) whether or not the person is acting as a paid collector. (2) However, subsection (1) does not apply to a person acting as a collector if the person-- (a) can be seen by the persons from whom money or property, or a bequest, devise or other grant of money or property, is collected or obtained or attempted to be collected or obtained; and (b) is wearing a badge, in a reasonably prominent position, which contains the information specified in subsection (1). (3) A paid collector who contravenes or fails to comply with subsection (1) is guilty of an offence. Penalty: Division 7 fine. (4) A person who acts as a collector must, at the request of a person from whom money or property, or a bequest, devise or other grant of money or property, is collected or obtained or attempted to be collected or obtained, provide the following information to the person: (a) the name of, and contact details for, the holder of the section 6 licence under which the person is authorised to act as a collector and, if the holder of that licence has previously submitted a statement under section 15(2)(b), particulars of the website maintained by the Minister under section 15(6) or any other website at which the last such statement submitted by the holder of that licence can be inspected; (b) any other information prescribed by regulation. (5) A paid collector who contravenes or fails to comply with subsection (4) is guilty of an offence. Penalty: Division 7 fine. (6) The holder of a section 6 licence must take reasonable steps to ensure that each person authorised to act as a collector by the holder of the licence is aware of his or her obligations under this section and is provided with the information referred to in subsection (4). Penalty: Division 6 fine. (7) The holder of a section 6A licence must take reasonable steps to ensure that each person employed or engaged (whether or not for valuable consideration) to act as a collector by the holder of the licence is aware of his or her obligations under this section and is provided with the information referred to in subsection (4). Penalty: Division 6 fine. (8) This section does not apply to a person who acts as a collector in the manner described in section 6B. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 7 7--Licence required in relation to certain entertainments (1) This section applies to an entertainment if-- (a) a charge is made for admission to the entertainment; and (b) it is held out that the proceeds, or part of the proceeds, of the entertainment are to be devoted to a charitable purpose. (2) A person must not-- (a) conduct an entertainment to which this section applies; or (b) sell or attempt to sell a ticket for admission to an entertainment to which this section applies, unless the person holds, or is authorised by the holder of, a section 7 licence. Penalty: Division 6 fine. (3) If any speaker or other performer at an entertainment to which this section applies is to be paid a fee or commission of an amount that exceeds, or is likely to exceed, the prescribed amount, the holder of the section 7 licence under which a person is authorised to conduct the entertainment must, at the request of any person, tell the person the amount, or likely amount, of any such fee or commission. Penalty: Division 6 fine. (4) For the purposes of subsection (3), the value of any non-monetary consideration to be provided to a person (including the value of any travel or accommodation costs to be paid in respect of the person's attendance at the relevant entertainment) must be taken into account in determining the amount of the fee or commission that is to be paid to the person. (5) A person who conducts an entertainment to which this section applies must not cause or permit an advertisement relating to the entertainment to be published by radio, television, newspaper or in any other way or a ticket for admission to the entertainment to be sold unless the advertisement or ticket contains the following information: (a) the name of, and contact details for, the holder of the section 7 licence under which the person is authorised to conduct the entertainment and, if the holder of that licence has previously submitted a statement under section 15(2)(b), particulars of the website maintained by the Minister under section 15(6) or any other website at which the last such statement submitted by the holder of that licence can be inspected; (b) if subsection (3) applies--a statement indicating that performers payment details can be obtained from the holder of the section 7 licence; (c) any other information prescribed by regulation. Penalty: Division 6 fine. (6) In this section-- "prescribed amount" means-- (a) if an amount is prescribed by regulation for the purposes of this definition--that amount; (b) if no amount is prescribed by regulation for the purposes of this definition--$5 000. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 8 8--Grant of authority by licensee (1) Any person, society, body, or association being the holder of a section 6 or 7 licence may give any authority referred to in section 6 or 7 by any means approved, from time to time, by the Minister either generally or in a particular case. (2) An authority given by the holder of a section 6 or 7 licence may be subject to such conditions as the holder of the licence thinks fit. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 9 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 or section 7 may revoke any such authority, and when any such authority is revoked the person to whom it was given must, if the authority was given in writing, within seven days after notice in writing of the revocation produce and deliver the written authority to such person, society, body or association or to a member of the committee or other governing body of such society, body, or association. (2) A person who fails to produce and deliver a written authority as required by subsection (1) is guilty of an offence. Penalty: Division 6 fine. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 11 11--Application for licence (1) An application for a licence under this Act must be made to the Minister. (2) In considering an application for a section 6 or 7 licence, the Minister may take into account any matter the Minister thinks fit and must 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) The Minister may, in his or her discretion, grant or refuse a licence to any applicant and will not be liable to any proceedings whatsoever as a consequence of any refusal. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 12 12--Conditions of licence etc (1) A licence granted by the Minister under this Act remains in force for the period or periods specified in the licence or until revoked by the Minister. (2) A licence may be granted subject to any conditions the Minister thinks fit including (without limitation)-- (a) conditions limiting the proportion of the proceeds of collections and entertainments which may be applied as commission or other remuneration to persons acting as collectors under the licence or to other persons concerned in the collections or entertainments to which the licence applies; and (b) conditions requiring the holder of the licence or any other person authorised by the holder of the licence, to comply with the provisions of a code of practice issued by the Minister. (3) The Minister may, at any time, vary or revoke the conditions on which a licence was granted under this Act or add conditions to a licence granted under this Act. (4) The Minister may revoke a licence on any of the following grounds: (a) that donations (whether of money or goods) received for charitable purposes by the licensee have been mismanaged or misapplied; or (b) that excessive commission or remuneration has been, or is to be, paid to any person acting as a collector under the licence, or acting in connection with the conduct of an entertainment to which the licence relates, out of the proceeds of the collection or entertainment (as the case may be), or that the proportion of those proceeds that is, or is to be, applied towards charitable purposes is for any other reason inadequate; or (ba) the licensee's contravention of or failure to comply with a condition of the licence or a requirement under this Act; or (c) that any other circumstances exist that justify, in the opinion of the Minister, revocation of the licence. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 14 14--Licences to be issued ""gratis" No fee may be charged for any licence under this Act. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 15 15--Accounts, statements and audit (1) If the holder of a licence under this Act collects or receives money for a charitable purpose during a financial year or other period specified in the licence (the "statement period"), the holder of the licence must-- (a) keep proper accounts relating to the money; and (b) after the end of the statement period, have the accounts audited by a person who is authorised to audit the accounts of a prescribed association under Part 4 Division 2 of the Associations Incorporation Act 1985 or is approved by the Minister for the purposes of this section. (2) The holder of a licence under this Act must, at the time or times fixed in the licence, provide to the Minister-- (a) a copy of the audited accounts for the last ending statement period; and (b) a statement setting out-- (i) the amount of money collected or received by the licensee during the last ending statement period; and (ii) the costs associated with collection or receipt of the money; and (iii) the manner in which the money has been dealt with; and (iv) any other information required by the Minister. (3) The Minister may at any time, by notice in writing to the holder of a licence, require the holder of the licence to provide to the Minister, within a specified time-- (a) a statement setting out specified information relating to money or property collected or received by the holder of the licence for charitable purposes; or (b) specified documents (which may include a written record reproducing in an understandable form information stored by computer, microfilm or other process) in the custody or control of the holder of the licence that relate to money or property collected or received by the holder of the licence for charitable purposes. (4) A statement required to be provided to the Minister under this section must be verified in a manner required by the Minister. (5) If the holder of a licence under this Act sells, or otherwise converts into money, any property collected or received by the holder of the licence for a charitable purpose, the money so obtained is, for the purposes of this section, money collected or received by the holder of the licence for a charitable purpose. (6) The Minister must publish on a website maintained by the Minister-- (a) the name of, and contact details for, any person who holds a licence under this Act; and (b) the contents of any statement submitted to the Minister under this section or a summary of, or extract from, any such statement. (7) If the holder of a licence contravenes or fails to comply with a provision of this section-- (a) in the case of a licence held by a natural person--the person is guilty of an offence; or (b) in the case of a licence held by a body corporate--the body corporate and each member of the governing body of the body corporate are guilty of an offence; or (c) in the case of a licence held by an unincorporated body--each member of the body is guilty of an offence. Penalty: Division 6 fine. (8) It is a defence to a charge of an offence under this section if the defendant proves that the offence occurred without the defendant's knowledge or consent. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 15A 15A--Appointment of inspectors (1) The Minister may appoint inspectors for the purposes of this Act. (2) The Minister must provide each inspector with an identity card which the inspector must produce on request. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 15B 15B--Powers of inspectors (1) For the purposes of ascertaining whether the provisions of this Act are being complied with and subject to this section, an inspector may enter any place in which the inspector suspects, on reasonable grounds, there may be evidence or records connected with an activity for which a licence is required under this Act. (2) An inspector must not enter a place used as a residence unless-- (a) the occupier consents; or (b) the inspector is authorised by warrant under subsection (3). (3) A magistrate may, if satisfied on the application of an inspector that there is a proper ground for doing so, issue a warrant authorising an inspector to enter a place used as a residence. (4) While an inspector is in or on any place under this section, the inspector may do one or more of the following: (a) inspect or search the place or anything in the place; (b) require a person in the place to-- (i) produce documents (which may include a written record reproducing in an understandable form information stored by computer, microfilm or other process) that are in the person's custody or control; and (ii) answer any questions put by the inspector; (c) inspect documents produced to the inspector and retain them for so long as is reasonably necessary for the purpose of copying or taking extracts from them; (d) take photographs, films, audio, video or other recordings; (e) if the inspector suspects on reasonable grounds that an offence has been committed, seize and retain anything that the inspector believes affords evidence of the offence; (f) give such directions as are reasonably necessary for, or as are incidental to, the effective exercise of the inspector's powers under this section. (5) A person who-- (a) hinders or obstructs an inspector in the exercise of powers under this section; or (b) fails, without reasonable excuse, to comply with a requirement of an inspector under this section; or (c) fails, without reasonable excuse, to answer, to the best of the person's knowledge, information and belief, a question put by an inspector; or (d) falsely represents that he or she is an inspector, is guilty of an offence. Penalty: Division 6 fine. (6) An inspector may, in exercising powers under this section, be accompanied by such assistants as are reasonably necessary for the purpose. (7) A person may decline to answer a question put under this section if the answer would tend to incriminate the person of an offence. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 15C 15C--False and misleading statements A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act. Penalty: Division 6 fine. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 15D 15D--Dishonest, deceptive or misleading conduct A person who, in the conduct of an activity that is or is required to be authorised by a licence under this Act, acts in a dishonest, deceptive or misleading manner is guilty of an offence. Penalty: Division 5 fine or division 5 imprisonment. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 16 16--Application of money and property for other charitable purposes (1) Where, in the opinion of the Minister, it is impracticable to apply money or property collected or received pursuant to a licence under this Act or to apply the proceeds of an entertainment conducted pursuant to a licence under this Act for the charitable purpose for which the money or property was collected or received, or to which the proceeds of the entertainment were to be devoted, the Governor may, by proclamation made on the recommendation of the Minister, direct the person, society, body or association concerned to apply the money or property for a similar charitable purpose specified in the proclamation or to give them to another person, society, body or association to be applied for that charitable purpose. (2) In subsection (1)-- "money" includes money accruing from investment of money referred to in that subsection. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 17 17--Vesting of funds in Minister (1) The Governor may, by proclamation, vest in the Minister the moneys and securities for moneys held for any charitable purpose by or on behalf of any person, society, body, or association to whom or to which a licence is or has been issued under this Act, 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 money have consented to the vesting; or (b) there has been maladministration of the moneys or securities. (2) Subject to subsection (3), the moneys and securities vested in the Minister by a proclamation under this section will be held on the trusts on which they were held immediately before being vested in the Minister. (3) The Governor may, by proclamation, vary the trusts and authorise the Minister to apply the moneys and securities, or any part of the moneys and securities, to charitable purposes specified in the proclamation. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 18 18--Exemptions (1) The Minister may, on application by a person, society, body or association exempt the person, society, body or association from compliance with specified provisions of this Act. (2) An exemption is subject to the conditions (if any) imposed by the Minister. (3) The Minister may, at his or her discretion, vary or revoke an exemption. (4) The grant or a variation or revocation of an exemption may be published on a website maintained by the Minister. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 18B 18B--Service of notices etc (1) Subject to this Act, a notice or document required or authorised by this Act to be given to or served on a person may-- (a) be served on the person personally; or (b) be posted in an envelope addressed to the person at the person's last known address; or (c) if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be given to or served on the person in accordance with that Act. (2) Without limiting the effect of subsection (1), a notice or document required or authorised by this Act to be given to or served on the holder of a licence under this Act may-- (a) be posted in an envelope addressed to the licensee at the licensee's address for service; or (b) be left for the licensee at the licensee's address for service with someone apparently over the age of 16 years; or (c) be transmitted by facsimile transmission to a facsimile number provided by the licensee (in which case the notice or document will be taken to have been given or served at the time of transmission). (3) The address for service of the holder of a licence under this Act is the address of which the Minister has been last notified in writing by the licensee as the licensee's address for service. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 18C 18C--Evidentiary In proceedings for an offence against this Act, an allegation in the complaint that a specified person was or was not-- (a) the holder of a licence issued under a specified provision of this Act; or (b) authorised by the holder of a section 6 or 7 licence to carry out specified activities, is, in the absence of proof to the contrary, proof of the matter alleged. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 19 19--Proceedings for offences (1) No prosecution for an offence against this Act may 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) is, without any further proof or proof of the signature of the Minister, sufficient proof before any court of the giving of the approval. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 20 20--Regulations (1) The Governor may make such regulations as are contemplated by this Act or are necessary or expedient for the purposes of this Act. (2) Without limiting subsection (1), the regulations may-- (a) require information of a kind prescribed by the regulations to be displayed on receptacles that are left in public places to enable members of the public to make gifts of property for charitable purposes or to dispose of unwanted property; (b) prohibit the display of information of a kind prescribed by the regulations on receptacles referred to in paragraph (a); (c) regulate the form in which information may be displayed on receptacles referred to in paragraph (a); (d) impose a fine (not exceeding a division 7 fine) for breach of, or non-compliance with, the regulations. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - SECT 21 21--Saving provision The provisions of this Act are in addition to and not in substitution for any other provisions by or under which collections of money are controlled. COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - NOTES Legislative history Notes * Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. * Earlier versions of this Act (historical versions) are listed at the end of the legislative history. * For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Collections for Charitable Purposes Act 1939 repealed the following: Collections for Unemployment Act 1930 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1939 16 Collections for Charitable Purposes Act 1939 22.11.1939 1.2.1940 (Gazette 23.11.1939 p1379) 1947 18 Collections for Charitable Purposes Act Amendment Act 1947 6.11.1947 6.11.1947 1982 21 Collections for Charitable Purposes Act Amendment Act 1982 18.3.1982 1.4.1982 (Gazette 1.4.1982 p949) 1995 66 Collections for Charitable Purposes (Licensing and Miscellaneous) Amendment Act 1995 17.8.1995 2.11.1995 (Gazette 2.11.1995 p1232) 1999 14 Collections for Charitable Purposes (Definition of Charitable Purpose) Amendment Act 1999 1.4.1999 1.4.1999 2007 41 Collections for Charitable Purposes (Miscellaneous) Amendment Act 2007 25.10.2007 1.9.2008 (Gazette 3.7.2008 p3203) 2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 34 (s 63)--1.2.2010 (Gazette 28.1.2010 p320) Provisions amended since 3 February 1976 * Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 2 of The Public General Acts of South Australia 1837-1975 at page 202. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 amended by 41/2007 Sch 1 1.9.2008 ss 2 and 3 omitted under Legislation Revision and Publication Act 2002 s 4 body inserted by 66/1995 s 3(a) 2.11.1995 charitable purpose amended by 66/1995 s 3(b), (d) 2.11.1995 (c) and (d) deleted by 66/1995 s 3(c) 2.11.1995 amended by 14/1999 s 2 1.4.1999 collection contract inserted by 66/1995 s 3(e) 2.11.1995 substituted by 41/2007 s 4 1.9.2008 collector inserted by 41/2007 s 4 1.9.2008 inspector inserted by 41/2007 s 4 1.9.2008 Minister deleted by 41/2007 s 4 1.9.2008 paid collector inserted by 41/2007 s 4 1.9.2008 property inserted by 41/2007 s 4 1.9.2008 section 6 licence inserted by 66/1995 s 3(f) 2.11.1995 section 6A licence inserted by 66/1995 s 3(f) 2.11.1995 section 7 licence inserted by 66/1995 s 3(f) 2.11.1995 s 5 deleted by 66/1995 s 4 2.11.1995 s 5 inserted by 41/2007 s 5 1.9.2008 s 6 before substitution by 41/2007 s 6(1) amended by 66/1995 s 5(a) 2.11.1995 s 6(2) amended by 66/1995 s 5(b) 2.11.1995 s 6(3) amended by 66/1995 s 5(c) 2.11.1995 s 6 substituted by 41/2007 s 5 1.9.2008 s 6A inserted by 66/1995 s 6 2.11.1995 substituted by 41/2007 s 5 1.9.2008 ss 6B and 6C inserted by 41/2007 s 5 1.9.2008 s 7 before substitution by 41/2007 s 7(1) amended by 66/1995 s 7(a) 2.11.1995 s 7(2) amended by 66/1995 s 7(b) 2.11.1995 s 7(3) amended by 66/1995 s 7(c) 2.11.1995 s 7(4) amended by 66/1995 s 7(d) 2.11.1995 s 7 substituted by 41/2007 s 5 1.9.2008 s 8 s 8(1) amended by 66/1995 s 8 2.11.1995 amended by 41/2007 Sch 1 1.9.2008 s 8(2) amended by 66/1995 s 8 2.11.1995 substituted by 41/2007 Sch 1 1.9.2008 s 9 s 9(1) amended by 41/2007 Sch 1 1.9.2008 s 9(2) amended by 66/1995 s 9 2.11.1995 substituted by 41/2007 Sch 1 1.9.2008 s 10 deleted by 21/1982 s 3 1.4.1982 s 11 s 11(1) amended by 21/1982 s 4(a) 1.4.1982 amended by 41/2007 Sch 1 1.9.2008 s 11(2) amended by 21/1982 s 4(b) 1.4.1982 amended by 66/1995 s 10 2.11.1995 amended by 41/2007 Sch 1 1.9.2008 s 11(3) amended by 21/1982 s 4(c) 1.4.1982 amended by 41/2007 Sch 1 1.9.2008 s 12 s 12(1) amended by 66/1995 s 11(a) 2.11.1995 substituted by 41/2007 s 6(1) 1.9.2008 s 12(1a) inserted by 66/1995 s 11(b) 2.11.1995 deleted by 41/2007 s 6(1) 1.9.2008 s 12(2) substituted by 41/2007 s 6(1) 1.9.2008 s 12(2a) inserted by 66/1995 s 11(c) 2.11.1995 deleted by 41/2007 s 6(1) 1.9.2008 s 12(3) substituted by 41/2007 s 6(1) 1.9.2008 s 12(4) inserted by 21/1982 s 5 1.4.1982 amended by 66/1995 s 11(d) 2.11.1995 amended by 41/2007 s 6(2)--(4) 1.9.2008 s 13 deleted by 21/1982 s 6 1.4.1982 s 14 amended by 41/2007 Sch 1 1.9.2008 s 15 before substitution by 41/2007 s 15(1) inserted by 66/1995 s 12(a) 2.11.1995 s 15(2) s 15(1) redesignated as s 15(2) by 66/1995 s 12(b) 2.11.1995 amended by 66/1995 s 12(c), (d) 2.11.1995 s 15(3) s 15(2) redesignated as s 15(3) by 66/1995 s 12(b) 2.11.1995 substituted by 66/1995 s 12(e) 2.11.1995 s 15(4) s 15(3) redesignated as s 15(4) by 66/1995 s 12(b) 2.11.1995 amended by 66/1995 s 12(f) 2.11.1995 s 15 substituted by 41/2007 s 7 1.9.2008 ss 15A--15D inserted by 41/2007 s 7 1.9.2008 s 16 substituted by 66/1995 s 13 2.11.1995 s 16(1) amended by 41/2007 Sch 1 1.9.2008 s 17 s 17(1) amended by 41/2007 Sch 1 1.9.2008 s 17(2) and (3) substituted by 41/2007 Sch 1 1.9.2008 s 17(4) deleted by 41/2007 Sch 1 1.9.2008 s 18 substituted by 41/2007 s 8 1.9.2008 s 18A inserted by 41/2007 s 8 1.9.2008 deleted by 84/2009 s 63 1.2.2010 ss 18B and 18C inserted by 41/2007 s 8 1.9.2008 s 19 s 19(1) and (2) amended by 41/2007 Sch 1 1.9.2008 s 20 substituted by 66/1995 s 14 2.11.1995 s 20(2) amended by 41/2007 Sch 1 1.9.2008 Historical versions Reprint No 1--1.7.1991 Reprint No 2--2.11.1995 Reprint No 3--1.4.1999 1.9.2008 COLLECTIONS FOR CHARITABLE PURPOSES ACT 1939 - NOTES Appendix--Divisional penalties and expiation fees At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows: Division Maximum imprisonment Maximum fine Expiation fee 1 15 years $60 000 -- 2 10 years $40 000 -- 3 7 years $30 000 -- 4 4 years $15 000 -- 5 2 years $8 000 -- 6 1 year $4 000 $300 7 6 months $2 000 $200 8 3 months $1 000 $150 9 – $500 $100 10 – $200 $75 11 – $100 $50 12 – $50 $25 Note: This appendix is provided for convenience of reference only.