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Collections for Charitable Purposes Act 1939

Improving Regulation - Issues Paper

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

As part of the SA Government’s 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:

  • Integrity
  • Disclosure
  • Respect
  • Minimal Red Tape
  • 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.

    Submissions are required by 19 March 2010.

    Please click here download the issues paper.

    News Releases

    18-11-2009 Proposed crackdown for SA charities. Charities would be compelled to provide a breakdown of their financial records, to be made publically available, under sweeping reforms proposed by the Rann Government

    10/7/2009 - The Liquor and Gambling Commissioner has today revoked two licences of charitable organisations and refused the granting of a another licence. News release

    Disclosure Requirements by Charities and Collection Agents

    The Liquor and Gambling Commissioner administers the Collections for Charitable Purposes Act 1939 to protect the public interest in the area of fundraising by non-profit groups by providing disclosure requirements for charitable collections (section 6 licence) and entertainment (section 7 licence).

    Charities and their Collection Agents are required by legislation to lodge annual "Fundraising Income and Expenditure Statements" to provide the public with information regarding Charities and Collection Agents' financial performance in relation to charitable collections and entertainment.

    Licensees can also authorise the Minister to publish their audited accounts.

    The Charities List contains a comprehensive list of all Charities and Collection Agents' contact and licence details including financial details.

    Collections for Charitable Purposes Overview

    The Collections for Charitable Purposes Act 1939 regulates fundraising activities conducted for a "charitable purpose" as defined in the Act.

    The definition of "charitable purpose" includes:-

  • 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.
  • Charitable organisations that are not collecting for a charitable purpose as described above do not require licensing and therefore will not be found on the Charities List (e.g. religious organisations, environmental groups and educational institutions).

    Fundraising activities for a "charitable purpose" include:

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

    Licences issued pursuant to the Collections for Charitable Purposes Act 1939 include:

    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
  • must be the holder of a Section 6 licence.

    Section 6A 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
  • must be the holder of a Section 6A licence.

    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.

    Licence applications can be downloaded from www.olgc.sa.gov.au.

    Contact Details

    Office Address

    Lottery Licensing
    3rd Floor, East Wing
    Zurich Building,
    50 Grenfell Street
    ADELAIDE SA 5000

    Postal Address

    Lottery Licensing
    GPO Box 672
    ADELAIDE SA 5001

    General Enquiries

    Reception: (08) 8226 8500

    Fax Number

    (08) 8226 8588

    Email Address

    lottery@agd.sa.gov.au
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