Collections For Charitable Purposes Licence

Code of Practice - March 2013

Draft Code of Practice - November 2012

Media Releases

Improving Regulation Final Report and Draft Code of Practice

The Improving Regulation Final Report addresses the matters raised in submissions received for the Collections for Charitable Purposes - Improving Regulation - Issues Paper.

The Final Report and the draft Code of Practice are now available.

Please click here to download the Improving Regulation Final Report

Please click here to download the Draft Code of Practice

Submissions and Responses - Improving Regulation Final Report and Draft Code of Practice

Consultation in relation to the Collections for Charitable Purposes Act 1939 Improving Regulation Final Report and draft Code of Practice has now closed.

The Office of the Liquor and Gambling Commissioner is still in the process of reviewing all the submissions received.

To assist with the implementation of the new requirements, all licensed charities and collection agents will receive notice prior to a new Code of Practice coming into operation.

Copies of submissions to the Improving Regulation Final Report and Draft Code of Practice

Improving Regulation - Issues Paper

Are you happy with the way charities operate in South Australia?

As part of the SA Governments commitment to ensuring that both collectors and donors understand their obligations and rights under the Collections for Charitable Purposes Act 1939, the Office of the Liquor and Gambling Commissioner and the Department of Treasury and Finance are seeking feedback on proposed changes to the regulatory framework.

Consultation will identify and consider possible improvements to the regulatory framework against the following objectives:

Interested parties are encouraged to make a submission to answer questions raised throughout this paper or highlight any other issues considered relevant to the improvement of charity regulation.

Please click here download the issues paper.

Submissions and Responses - Improving Regulation Issues Paper

Copies of submissions on the Improving Regulation issues paper

Collections for Charitable Purposes

The Collections for Charitable Purposes Act 1939 ('the Act') provides for the control of persons soliciting money or goods for certain charitable purposes.

The Act defines "charitable purpose" to include:

• The affording of relief to diseased, disabled, sick, infirm, incurable, poor, destitute, helpless, or unemployed persons, or to the dependents of any such persons.
• The relief of distress occasioned by war, whether occasioned in South Australia or elsewhere.
• The affording of relief, assistance, or support to persons who are or have been members of the armed forces of Australia or to the dependents of any such persons.
• The provision of welfare services for animals.

Fundraising activities for a "charitable purpose" include:

• Doorknock appeals
• Telemarketing
• Donations to clothing bins
• Sales of goods at second-hand shops
• Seeking bequests
• Badge days
• Public appeals
• Film nights

A Collections for Charitable Purposes Licence does not authorise the conduct of fundraiser lotteries. Further information regarding lotteries can be found on the major lotteries page.

The Act requires that the Minister must publish on a website the contact details of a licence holder and the fundraising income and expenditure statement. These details can be found at www.charities.sa.gov.au.

Charitable organisations that are not collecting for a charitable purpose as described above do not require licensing and therefore will not be found on www.charities.sa.gov.au (e.g. religious organisations, environmental groups and educational institutions).

Any charity seeking access to Commonwealth taxation concessions and other Commonwealth benefits and concessions, including deductible gift recipient (DGR) status, is required to be registered with the Australian Charities and Not-for-Profits Commission.

Licences

Licences issued pursuant to the Act:

Section 6 Licence

Any person acting as a collector that wishes to:

• collect or attempt to collect any money or property; or
• obtain or attempt to obtain money by the sale of any disc, badge, token, flower, ribbon or other device; or
• obtain or attempt to obtain a bequest, devise or other grant of money or property for a charitable purpose

Section 6A Licence (Collection Agent's Licence)

Any person that has a collection contract with a charity and wishes to employ another person to act as a collector on his/her behalf to:

• collect or attempt to collect any money or property; or
• obtain or attempt to obtain money by the sale of any disc, badge, token, flower, ribbon or other device; or
• obtain or attempt to obtain a bequest, devise or other grant of money or property for a charitable purpose

Section 7 Licence

Any organisation that wishes to conduct entertainment, or sell or attempt to sell a ticket for admission to entertainment and the proceeds or part of the proceeds are for a "charitable purpose", must be the holder of a Section 7 licence.

Forms, Fees and Fact Sheets

Contact

Interstate Links

Visit the websites below to find information on fundraising lottery legislation in other States and Territories