South Australian Numbered Acts South Australian Numbered Acts5—Substitution of sections 6, 6A and 7
Sections 6, 6A and 7—delete the sections and substitute:
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.
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.
Maximum 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.
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.
Maximum penalty: Division 6 fine.
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.
Maximum 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).
Maximum 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).
Maximum 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.
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.
Maximum 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.
Maximum 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).
Maximum 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).
Maximum 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.
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.
Maximum 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.
Maximum 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.
Maximum 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.