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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Commonwealth Registered Entities)
Bill 2016
A BILL FOR
An Act to amend the
Associations
Incorporation Act 1985
and the
Collections
for Charitable Purposes Act 1939
.
Contents
Part 2—Amendment of Associations
Incorporation Act 1985
4Insertion of sections 33 to 34B
34Application of
Division to relevant prescribed associations
34ADisclosure of
information relating to relevant prescribed associations
34BCommission may
provide information to Commonwealth Commissioner
5Amendment of section 39—Annual general
meeting
6Amendment of section
67—Regulations
Part 3—Amendment of Collections for
Charitable Purposes Act 1939
7Amendment of section
4—Interpretation
8Amendment of section 6—Collectors must be
authorised by licence
10Amendment of section 6B—Disclosure
requirements for collectors—unattended collection boxes
11Amendment of section 6C—Disclosure
requirements for collectors—other collections
12Amendment of section 7—Disclosure
requirements for collectors—entertainments
13Amendment of section 8—Grant of
authority by licensee
14Amendment of section 9—Revocation of
authority by society etc
15Amendment of section 11—Application for
licence
16Amendment of section 12—Conditions of
licence etc
17Insertion of sections 14A and
14B
14AProvision of
information to Minister by Commissioner of Police
14BMinister may
require production of documents, records etc
18Amendment of section 15—Accounts,
statements and audit
19Amendment of section 15B—Powers of
inspectors
17ADisclosure of
information relating to Commonwealth registered entities
17BDisclosure of
information—general
21Amendment of section
18C—Evidentiary
Schedule 1—Transitional
provisions
2Repeal of section 6A—reporting
requirements
3Repeal of section 7—licences to continue
as section 6 licences
Schedule 2—Statute law revision
amendments
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Commonwealth Registered
Entities) Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Associations Incorporation
Act 1985
4—Insertion
of sections 33 to 34B
Before section 35 insert:
33—Preliminary
In this Division—
Commonwealth Act means the Australian Charities and
Not-for-profits Commission Act 2012 of the Commonwealth;
Commonwealth Commissioner means the Commissioner of the
Australian Charities and Not-for-profits Commission established under the
Commonwealth Act;
Commonwealth registered entity means an entity registered
under the Commonwealth Act;
relevant prescribed association means a prescribed
association that is a Commonwealth registered entity.
34—Application of Division to relevant prescribed
associations
(1) Subject to this
section, if a relevant prescribed association has, in respect of a particular
period—
(a) submitted to the
Commonwealth Commissioner an information statement that the association is
required to prepare under the Commonwealth Act and, if relevant, a financial
report together with any auditor's report or reviewer's report that the
association is required to obtain under that Act; and
(b) submitted to the Commission any other information relevant to the
affairs of the association required by the Commission,
the association is exempt from this Division in relation to that
period.
(2) Despite
subsection (1)
, a relevant prescribed association must cause—
(a) the information statement and any reports referred to in
subsection (1)(a)
; and
(b) a report of a committee of the association prepared in accordance with
section 35(5) (as modified by
subsection (3)
),
to be laid before the members of the association at the annual general
meeting of the association or, if an annual general meeting is not to be held,
within 6 months of the end of the financial year to which the reports
relate.
(3) Despite
subsection (1)
, section 35(5) applies to the committee of a relevant prescribed
association as if a reference to the financial year to which the accounts relate
were a reference to the financial year to which the information statement that
the association is required to prepare under the Commonwealth Act
relates.
(4) A document or
information required to be provided to the Commission under this section must be
provided in accordance with any requirements specified by the Commission
(including requirements as to the form and verification of the document or
information, or the time or manner in which it is to be provided).
(5) If a relevant prescribed association contravenes or fails to comply
with this section, the association is guilty of an offence.
Maximum penalty: $5 000.
34A—Disclosure of information relating to relevant
prescribed associations
The Commission may enter into an agreement with the Commonwealth
Commissioner in relation to—
(a) the manner in which relevant prescribed associations may provide
information for the purposes of this Act; and
(b) the provision of information obtained under the Commonwealth Act to
the Commission for the purposes of this Act.
34B—Commission may provide information to
Commonwealth Commissioner
Despite any other Act or law, the Commission is authorised to provide to
the Commonwealth Commissioner (whether at the request of the Commonwealth
Commissioner or otherwise) such documents and other information in the
possession or control of the Commission that may be reasonably required by the
Commonwealth Commissioner in connection with the performance or exercise of its
functions or powers under the Commonwealth Act.
5—Amendment
of section 39—Annual general meeting
Section 39(1)—delete subsection (1) and substitute:
(1) Subject to this section, a prescribed association must hold an annual
general meeting—
(a) if the prescribed association is a relevant prescribed association
(within the meaning of section 33)—within 6 months; or
(b) in any other case—within 5 months,
after the end of the financial year of the association.
6—Amendment
of section 67—Regulations
Section 67(2)—after paragraph (a) insert:
(ab) modify or exclude the application of this Act in relation to
Commonwealth registered entities (within the meaning of section 33);
and
Part 3—Amendment
of Collections for Charitable Purposes
Act 1939
7—Amendment
of section 4—Interpretation
(1) Section 4, definition of charitable purpose, before
paragraph (a) insert:
(aa) the provision of, or assistance or support to the provision of,
health services (within the meaning of the
Health
Care Act 2008
) or research in the field of health or such health services;
(2) Section 4, definition of charitable purpose,
(a)—after "relief" insert:
, assistance or support
(3) Section 4—after the definition of charitable
purpose insert:
code of practice means a code of practice issued by the
Minister and published in the Gazette for the purpose of regulating licensees
and those authorised by licensees under this Act;
(4) Section 4, definition of collector—delete the
definition and substitute:
collector—a person acts as a collector if the person
(either personally or through the agency of another person)—
(a) collects, or attempts to collect, money or property wholly or partly
for a charitable purpose; or
(b) charges, or attempts to charge, for admission to an entertainment in
relation to which it is held out that the proceeds are to be devoted wholly or
partly to a charitable purpose; or
(c) 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
(d) obtains, or attempts to obtain, a bequest, devise or other grant of
money or property wholly or partly for a charitable purpose;
Commonwealth Act means the Australian Charities and
Not-for-profits Commission Act 2012 of the Commonwealth;
Commonwealth Commissioner means the Commissioner of the
Australian Charities and Not-for-profits Commission established under the
Commonwealth Act;
Commonwealth registered entity means an entity registered
under the Commonwealth Act;
(5) Section 4, definition of section 6A
licence—delete the definition
(6) Section 4, definition of section 7
licence—delete the definition
8—Amendment
of section 6—Collectors must be authorised by licence
(1) Section 6(1)—delete "subsection (2)" and
substitute:
this section
(2) Section 6—after subsection (2) insert:
(3) A Commonwealth
registered entity is, on giving written notice to the Minister (in accordance
with any requirements of the Minister) of its intention to act as a collector,
taken to hold a section 6 licence for the purposes of this Act while the
entity remains a Commonwealth registered entity.
(4) The Minister may keep a list of entities who give notice to the
Minister under
subsection (3)
on a website maintained by the Minister.
(5) A Commonwealth
registered entity's authority to act as a collector under
subsection (3)
is subject to—
(a) the condition that the entity or any other person authorised by the
holder of the licence to act as a collector comply with the code of practice (as
in force from time to time); and
(b) any other
condition imposed by the Minister by notice in writing to the entity.
(6) The Minister may, by notice in writing to the entity, vary or revoke a
condition imposed under
subsection (5)(b)
or add conditions to the entity's authority to act as a
collector.
(7) The Minister
may, by notice in writing to the entity, suspend or revoke a Commonwealth
registered entity's authority to act as a collector on any of the following
grounds:
(a) that donations (whether of money or goods) received for charitable
purposes by the entity have been mismanaged or misapplied;
(b) that excessive commission or remuneration has been, or is to be, paid
to any person acting as a collector under the authority of the entity, or acting
in connection with an entertainment conducted under the authority of the entity,
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;
(c) the entity's contravention of or failure to comply with a condition of
the entity's authority to act as a collector or a requirement under this
Act;
(d) that any other circumstances exist that justify, in the opinion of the
Minister, suspension or revocation of the entity's authority to act as a
collector.
(8) Suspension of a Commonwealth registered entity's authority to act as a
collector under this section may be for a specified period or until the
fulfilment of stipulated conditions or until further notice by the
Minister.
(9) If the Minister revokes a Commonwealth registered entity's authority
to act as a collector under this section, the Minister may prohibit the entity
from giving notice under
subsection (3)
for a specified period or until the fulfilment of stipulated conditions or
until further notice by the Minister.
(10) In addition,
the following provisions apply in connection with the operation of
subsection (3)
:
(a) the entity will
be treated, for the purposes of this Act, as if it had been granted a
section 6 licence on the day on which the notice under
subsection (3)
was given to the Minister (subject to any express provision to the
contrary);
(b) the entity's authority to act as a collector under
subsection (3)
continues until—
(i) it is suspended or revoked in accordance with
subsection (7)
; or
(ii) the entity's registration is revoked under the Commonwealth Act (and
in such case the entity ceases to be taken to hold a section 6 licence for
the purposes of this Act on the day on which the revocation is made);
(c) any
section 6 licence held by the entity (by virtue of the grant of a licence
pursuant to an application under section 11) (an existing
licence) in operation at the time of the giving of notice under
subsection (3)
is cancelled by force of this section;
(d) despite
paragraph (c)
, the requirements of section 15 continue to apply in relation to
money collected or received under the existing licence during the financial year
or statement period (within the meaning of section 15) in which the
existing licence is cancelled.
Section 6A—delete the section
10—Amendment
of section 6B—Disclosure requirements for collectors—unattended
collection boxes
Section 6B(4)—delete subsection (4)
11—Amendment
of section 6C—Disclosure requirements for collectors—other
collections
(1) Section 6C(4)(a)—delete paragraph (a) and
substitute:
(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;
(ab) —
(i) in the case of the holder of a section 6 licence that 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; or
(ii) in the case of a Commonwealth registered entity taken to hold a
section 6 licence for the purposes of this Act that has submitted
information under section 15(9)—particulars of the website maintained
by the Commonwealth Commissioner under the Commonwealth Act or any other website
at which the last such information submitted by the entity can be
inspected;
(2) Section 6C(7)—delete subsection (7)
12—Amendment
of section 7—Disclosure requirements for
collectors—entertainments
(1) Section 7(2)—delete subsection (2)
(2) Section 7(3)—delete "section 7" and
substitute:
section 6
(3) Section 7(5)(a)—delete paragraph (a) and
substitute:
(a) the name of, and contact details for, the holder of the section 6
licence under which the person is authorised to conduct the
entertainment;
(ab) —
(i) in the case of the holder of a section 6 licence that 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; or
(ii) in the case of a Commonwealth registered entity taken to hold a
section 6 licence for the purposes of this Act that has submitted
information under section 15(9)—particulars of the website maintained
by the Commonwealth Commissioner under the Commonwealth Act or any other website
at which the last such information submitted by the entity can be
inspected;
(4) Section 7(5)(b)—delete "section 7" and
substitute:
section 6
13—Amendment
of section 8—Grant of authority by licensee
Section 8—delete "or 7" wherever occurring
14—Amendment
of section 9—Revocation of authority by society etc
Section 9(1)—delete "or section 7"
15—Amendment
of section 11—Application for licence
Section 11(2)—delete subsection (2)
16—Amendment
of section 12—Conditions of licence etc
(1) Section 12(1)—delete subsection (1) and
substitute:
(1) Subject to this section, a licence granted by the Minister under this
Act remains in force for the period or periods specified in the
licence.
(2) Section 12(2)(b)—delete "a code of practice issued by the
Minister" and substitute:
the code of practice (as in force from time to time)
(3) Section 12(3)—after "time," insert:
by notice in writing to the licensee,
(4) Section 12(4)—after "may" insert:
, by notice in writing to the licensee, suspend or
(5) Section 12(4)(c)—after "Minister," insert:
suspension or
(6) Section 12—after subsection (4) insert:
(5) Suspension of a licence under this section may be for a specified
period or until the fulfilment of stipulated conditions or until further notice
by the Minister.
(6) This section does not apply to a licence that is, under
section 6(3), taken to be held by a Commonwealth registered
entity.
17—Insertion
of sections 14A and 14B
After section 14 insert:
14A—Provision of information to Minister by
Commissioner of Police
(1) The Commissioner of Police must, at the Minister's request, make
available to the Minister criminal history information of a kind specified by
the Minister about an applicant for, or the holder of, a licence under this Act
or a member of the committee or other governing body of a society, body or
association that is an applicant for, or the holder of, such a
licence.
(2) In this section—
criminal history information about a person means information
about criminal convictions and other information to which the Commissioner of
Police has access relevant to the character and antecedents of the
person.
14B—Minister may require production of documents,
records etc
(1) The Minister may, by written notice, require a person to produce
records, documents or other information in the person's possession connected
with an activity for which a licence is required under this Act, within a time
and in a manner specified in the notice.
(2) The Minister may retain the records, documents or other information
for as long as is reasonably necessary for the purposes of copying or taking
extracts from the records, documents or information.
(3) A person who, without reasonable excuse (proof of which lies on the
person), refuses or fails to comply with a requirement under this section is
guilty of an offence.
Maximum penalty: $8 000.
18—Amendment
of section 15—Accounts, statements and audit
(1) Section 15(3) and (4)—delete subsections (3)
and (4) and substitute:
(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
statement setting out specified information relating to money or property
collected or received by the holder of the licence for charitable
purposes.
(2) Section 15(6)—delete subsection (6) and
substitute:
(6) The Minister may publish on a website maintained by the Minister any
information provided by the holder of a licence under this section and must
publish—
(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
subsection (2)(b) or a summary of, or extract from, any such
statement.
(3) Section 15—after subsection (8) insert:
(9) If a
Commonwealth registered entity taken to hold a section 6 licence for the
purposes of this Act has, in respect of a particular period—
(a) submitted to the Commonwealth Commissioner an information statement
that the entity is required to prepare under the Commonwealth Act and, if
relevant, a financial report together with any auditor's report or reviewer's
report that the entity is required to obtain under that Act; and
(b) submitted to the Minister any other information required by the
Minister,
the entity is exempt from the operation of subsections (1), (2)
and (7) in relation to that period.
(10) A document or
information required to be provided to the Minister under this section must be
provided in accordance with any requirements specified by the Minister
(including requirements as to the form and verification of the document or
information, or the time or manner in which it is to be provided).
19—Amendment
of section 15B—Powers of inspectors
Section 15B—after subsection (6) insert:
(6a) An inspector may require that the answer to a question under this
section be verified by statutory declaration or given under oath.
After section 17 insert:
17A—Disclosure of information relating to
Commonwealth registered entities
The Minister may enter into an agreement with the Commonwealth Commissioner
in relation to—
(a) the manner in which Commonwealth registered entities may provide
information for the purposes of this Act; and
(b) the provision of information obtained under the Commonwealth Act to
the Minister for the purposes of this Act.
17B—Disclosure of
information—general
The Minister may disclose information gained in the course of the
administration of this Act—
(a) to authorities responsible for the administration of laws relating to
acting as a collector in other States and Territories of the Commonwealth;
and
(b) to any other authorities that may require the information for the
purpose of discharging duties of a public nature; and
(c) to any other person, or in any other way, the Minister considers (in
his or her absolute discretion) appropriate in the public interest.
21—Amendment
of section 18C—Evidentiary
(1) Section 18C—after "person" insert:
or body
(2) Section 18C(a)—delete paragraph (a) and
substitute:
(a) at a specified time the holder of a section 6 licence;
or
(3) Section 18C(b)—delete "or 7"
Schedule 1—Transitional
provisions
In this Schedule—
principal Act means the
Collections
for Charitable Purposes Act 1939
.
2—Repeal
of section 6A—reporting requirements
(1) Despite the repeal of section 6A of the principal Act, the
requirements of section 15 of the principal Act will continue to apply to
the holder of a section 6A licence in relation to money collected or
received under the licence during the financial year in which the repeal
occurs.
(2) In this clause—
section 6A licence means a section 6A licence under the
principal Act as in force immediately before the commencement of this
clause.
3—Repeal
of section 7—licences to continue as section 6
licences
The holder of a section 7 licence under the principal Act as in force
immediately before the commencement of this clause will, after that
commencement, be taken to be the holder of a section 6 licence under the
principal Act, and such a licence will—
(a) be held subject to the same conditions as the section 7 licence;
and
(b) remain in force for the period specified in that licence.
Schedule 2—Statute
law revision amendments
Provision amended |
How amended |
---|---|
Section 6(1) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $8 000. |
Section 6B(2) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $4 000. |
Section 6B(3) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $8 000. |
Section 6C(3) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $4 000. |
Section 6C(5) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $4 000. |
Section 6C(6) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $8 000. |
Section 7(3) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $8 000. |
Section 7(5) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $8 000. |
Section 9(2) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $8 000. |
Section 15(7) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $8 000. |
Section 15B(5) penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $8 000. |
Section 15C penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $8 000. |
Section 15D penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $15 000 or imprisonment for 4 years. |
Section 20(2)(d) |
Delete "a division 7 fine" and substitute: $4 000 |