Australian Capital Territory Numbered Acts

CHARITABLE COLLECTIONS ACT 2003 (NO. 17 OF 2003) - SECT 35

    (1)     The chief executive may amend, suspend or cancel a licence—

        (a)     if satisfied, on reasonable grounds, that a circumstance mentioned in section 23 (2), (3) or (4) (Decision on application for licence) that would allow the chief executive to refuse to issue a licence applies in relation to the licence; or

        (b)     if the licensee contravenes a condition of the licensee's licence.

Examples for par (a)

1     a collection authorised to be conducted under the licence is not, or is no longer, for a charitable purpose

2     the licensee has committed an offence against this Act

Note 1     For the power to require information or documents, see s 53.

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).

    (2)     If the chief executive proposes to amend, suspend or cancel a licence (the proposed action ), the chief executive must give the licensee a written notice that—

        (a)     states the proposed action, including any proposed amendment of the licence or suspension period; and

        (b)     states the grounds for the proposed action; and

        (c)     tells the licensee that the licensee may, within 14 days beginning the day after the day the licensee receives the notice, give a written response to the chief executive about the matters in the notice.

Note     For how documents may be given, see Legislation Act, pt 19.5.

    (3)     If the licensee is a nominated person for an unincorporated body, the chief executive must also give a copy of the notice to an executive officer of the body.

    (4)     In deciding whether to amend, suspend or cancel the licence, the chief executive must consider any response given to the chief executive in accordance with subsection (2) (c).

    (5)     If the chief executive is satisfied that grounds for taking the proposed action have been established, the chief executive may—

        (a)     if the proposed action is to cancel the licence—cancel the licence, suspend the licence for a period of not longer than 1 year or amend the licence; or

        (b)     if the proposed action includes suspending the licence for a stated period—suspend the licence for a period of not longer than that period or amend the licence; or

        (c)     if the proposed action includes amending the licence—amend the licence in a way that is no more onerous than the proposed amendment.

    (6)     To remove any doubt, the amendment of a licence under this section may include the imposition of a condition on the licence and the amendment of a condition to which the licence is subject.