Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) On application for a licence, the chief executive must issue, or refuse to issue, the licence.
(2) The chief executive must refuse to issue a licence—
(a) if satisfied that the purposes of the proposed collection to which the application relates are not for, or do not include, a charitable purpose; or
(b) for an application in relation to an entity that is not the applicant—unless satisfied the entity has agreed to the application.
Example for par (b)
A fast food company applies for a licence to conduct a sales promotion that includes a payment to a charity for each sale of a particular kind made by the company. The chief executive can issue the licence only if satisfied that the charity has agreed to the application.
Note 1 Entity includes an individual, corporation and unincorporated body, see Legislation Act, dict, pt 1, defs entity and person .
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) The chief executive may refuse to issue a licence if satisfied that the proposed collection to which the application relates will not be conducted or carried out in a proper way (including in relation to the supervision of people taking part in the collection).
(4) The chief executive may also refuse to issue a licence if satisfied that—
(a) for an application by an individual—
(i) the person, or an associate of the person, has committed a disqualifying act; or
(ii) the person is taking the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) any part of the person's income is assigned for the benefit of the person's creditors; or
(b) for an application by a body—
(i) an executive officer, or an associate of an executive officer, of the body has committed a disqualifying act; or
(ii) the body is an externally–administered body corporate; or
(iii) if the body is an unincorporated body—the nominated person for the body has committed a disqualifying act.
(5) This section does not limit the matters to which the chief executive may have regard in making a decision on an application for a licence.
(6) In this section:
"associate"—a person is an associate of someone else in relation to an application for a licence if the person can, or will be able to, have a significant influence over, or in relation to, the carrying out of a collection to which the application relates.
"commit" a disqualifying act includes engaging in a disqualifying act.
"disqualifying act" means—
(a) a contravention of this Act or a corresponding State law, whether or not the contravention is an offence; or
(b) an offence involving fraud or dishonesty of which the person has been convicted or found guilty; or
(c) a contravention of a condition of a licence.
Note 1 For the meaning of found guilty , see Legislation Act, dict, pt 1.
Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
"externally-administered body corporate"—see the Corporations Act, section 9.