South Australian Numbered Acts South Australian Numbered Acts8—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.