Queensland: Collections Act 1966 (Qld)

Collections Act 1966 An Act relating to collections from the public for purposes of charity and otherwise of the community, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Collections Act 1966. 2 [Repealed] 3 [Repealed] 4 [Repealed] 5 Meaning of terms (1) The dictionary in schedule 2 defines particular terms used in this Act. (2) Any question arising under or for the purposes of all or any of the provisions of this Act as to whether a purpose is a charitable purpose or a community purpose or not or whether any association is a charity or not shall be determined by the Minister whose decision thereon shall be final. 6 Application of this Act (1) Unless otherwise herein indicated, the provisions of this Act shall be in addition to and not in substitution for or diminution of the provisions of any Act or of any regulation or rule thereunder. (2) This Act shall not apply to any appeal for support solely for the advancement of religion by or on behalf of any religious denomination. (3) Unless herein otherwise expressly provided, this Act shall not apply to any appeal for support for any purpose to which part 3 applies, made by or on behalf of any religious denomination. (4) Nothing in this Act and no assignment under section 16 shall prejudice or otherwise affect any of the provisions of any other Act or the provisions of any regulation or local law relating to the regulation or control of traffic or to public health or to the powers, functions, authorities, or duties of any local government or local governments or to the regulation or control of some other matter or thing, save that where a day or days are assigned under section 16 for the making of any street collection then no licence or permit shall be issued pursuant to or under the authority of such other Act or such regulation or local law which would enable the holding of any other street collection in the locality, street, city or town in respect of which that assignment was made. Note— See also section 23L in relation to deemed registrants. Part 2 Administration 7 Administration of this Act (1) Unless otherwise herein indicated, this Act shall be administered by the Minister. (2) Inspectors and other officers necessary for this Act are to be employed under the Public Sector Act 2022. 8 Delegation by Minister (1) The Minister may delegate the Minister's powers under this Act to the chief executive. (2) The chief executive may subdelegate the delegated power to an appropriately qualified public service officer. 8A Delegation by chief executive The chief executive may delegate the chief executive's powers under this Act to an appropriately qualified public service officer. Part 3 Authorisation of appeals for support for certain purposes 9 Application of part 3 This part applies only to appeals for support for any 1 or more of the following purposes— (a) any charity; (b) any charitable purpose other than a charity; (c) any charitable purpose joined with any other purpose, whether community purpose or not; (d) any community purpose; (e) any community purpose joined with any other purpose, whether a charitable purpose or not; (f) any commercial undertaking or purpose of private gain joined with any purpose as aforementioned; (g) any fund by whatever name called, established or to be established for the payment therein of moneys collected or of moneys received upon the disposal of articles collected and for the payment thereout, whether at times certain or uncertain, of moneys for any purpose or purposes as aforementioned. 10 Conducting of unlawful appeals for support (1) No person shall make or cause to be made or assist in making any appeal for support for any purpose to which this part applies unless— (a) where the appeal for support is made for the purpose of a charity only—that charity is then registered as such under this Act; (b) where the appeal for support is made for the purpose referred to in section 9(b) to (g)—that purpose is then sanctioned under this Act. (2) Any person guilty of an offence against this section shall be liable— (a) for the first offence—to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding 3 months; (b) for a second or subsequent offence—to a fine not exceeding 40 penalty units or to imprisonment for a term not exceeding 6 months. 11 Conditions to be observed in connection with appeals for support (1) The following conditions shall be observed in connection with every appeal for support— (a) made for any charity registered under this Act— (i) the appeal shall be authorised in writing by the governing body of the charity or by some person authorised either generally or in the particular case in that behalf by the said governing body; (ii) all the conditions (if any) subject to which that authority is given shall be complied with in every respect; (iii) the promoter of the appeal shall be named in that authority; (iv) the name of the charity and the fact that it is registered under this Act shall be specified at all times when making the appeal; (v) the conditions (if any) to which the registration of the charity is subjected under this Act shall be complied with in every respect; (vi) the provisions of this Act relating to the appeal shall be complied with in every respect; (b) made for any purpose sanctioned under this Act— (i) all the conditions (if any) subject to which that sanction is given shall be complied with in every respect; (ii) the promoter of the appeal shall be the person named in the sanction as such unless some other person is approved in writing by the Minister when that other person shall so act, or, where no person is named in the sanction as promoter and the appeal is not exempted by this Act from the application of this provision, the promoter shall be the person authorised to act as such in accordance with the conditions subject to which the sanction is given; (iii) the purpose for which the appeal is made as set forth in the sanction and the fact that the purpose is sanctioned under this Act shall be specified at all times when making the appeal, but it shall be sufficient for these purposes where an appeal for support is made for a purpose which consists of the objects of any association only or of the objects of any association joined with any other purpose, to name, so far as concerns the objects of that association, that association, without referring to the objects of the association and to specify that the objects of the association are sanctioned under this Act; (iv) the provisions of this Act relating to the appeal shall be complied with in every respect. (2) If any condition required to be observed by this section in respect of any appeal for support is contravened, the following persons shall be guilty of an offence against this Act— (a) every person who is a party to the contravention; (b) where the appeal for support is made for a charity or other association whatsoever—each member of the governing body of that association; (c) in every case—the promoter of the appeal for support. (3) A person charged with such an offence by reason of the person being a member of the governing body of a charity or other association or by reason of the person being a promoter shall not be convicted thereof if the Court is satisfied that the contravention occurred without the person's consent and connivance and that the person exercised all due diligence to prevent it. 12 Sanctions under this Act (1) The Minister may from time to time sanction any purpose to which this part applies as a purpose for which any appeal or appeals for support may be made and may subject every such sanction to such conditions as the Minister thinks fit. (2) A sanction for such a purpose may be in force at the same time as a sanction for that purpose joined with some other purpose. (3) Any such sanction may be given for an indefinite duration of time or for such period as may be specified therein. (4) However, a sanction for an indefinite duration of time shall not be given for a purpose consisting of the objects of an association which, in the opinion of the Minister, does not continuously make appeals for support for that purpose. (5) Where a sanction is given for an indefinite duration of time, it shall remain in force until revoked under this Act. (6) Conditions (if any) imposed by the Minister in respect of the giving of a sanction under this Act, shall not be inconsistent with those prescribed with respect thereto and every condition so imposed shall be set out in the sanction. (7) While a sanction remains in force then, subject to this Act and the conditions to which the sanction is subjected, any appeal for support for the purpose sanctioned may be made. (8) The Minister may at any time while it remains in force revoke any sanction given under this Act if at any time the Minister is of the opinion— (a) that any condition subject to which the sanction is given has been contravened; or (b) that in relation to any appeal for support for the purposes sanctioned there has been misconduct of such a nature that the appeal for support should not continue or that future appeals for support should not be made; or (c) that subsequently to the giving of the sanction and in connection therewith or in connection with any appeal for support for the purpose sanctioned, any failure, without reasonable excuse having been shown to the Minister's satisfaction, has occurred in answering any question, supplying any information, producing any record or lodging any return, in accordance with any requirement, direction, or order, notified, given, or made under and for the purposes of this Act; or (d) that, where the sanction is given for a purpose consisting of the objects of any association, that association has ceased to exist or has ceased to operate, or is not complying with any of the provisions of this Act, or is not being properly administered; or (e) that for any other reason such sanction should be revoked. (9) The Minister may, under subsection (8), revoke any such sanction by giving the prescribed notice and the Minister may by notice in writing, first require the person to whom the sanction is given or some other interested person to show, within the period stated in the notice, cause why the sanction should not be revoked. (10) The revocation of a sanction in pursuance of subsection (8) shall not prejudice or affect any proceedings brought or that may be brought in respect of any matter or thing in consequence of which the sanction was revoked. (11) Applications for sanctions under this Act may be made and may be granted at any time after the passing of this Act for the purpose of those sanctions being in force upon the commencement of this Act and for the purpose of giving effect to this subsection— (a) all relevant provisions of this Act shall be deemed to come into operation upon the passing of this Act; and (b) all relevant regulations made under or for the purposes of this Act shall be deemed to come into operation upon the making thereof. 13 Art union authorities to be treated as sanctions For this part, if an appeal for support for a purpose consists only of conducting a game under the Charitable and Non-Profit Gaming Act 1999, the Minister is taken to have given a sanction under this Act for the purpose. Note— See, however, section 23N(3) in relation to deemed registrants. 13A Parents and citizens associations For this part, the objects of a parents and citizens association are taken to be sanctioned under this Act. Part 4 Control of door-to-door appeals and street collections 14 Definitions for part In this part— door-to-door appeal, in relation to any purpose to which this part applies, means any appeal for support for such purpose made by visiting any places of residence or places of employment or both, one after another, and there— (a) making a collection; or (b) making or distributing any invitation; or (c) selling or offering for sale any tickets or chances in any art union; or (d) distributing or disposing of any device within the meaning of section 18 in connection with the appeal for support; or (e) doing anything else declared under a regulation to be a door-to-door appeal; or doing more than 1 of these things, but does not include the visiting of places of residence or of employment or both for the purpose of leaving, collecting, or obtaining moneys from collecting boxes, or for the purpose of leaving, collecting, or obtaining articles from collecting receptacles, there used or to be used in accordance with this Act for the purposes of an appeal for support for any purpose to which part 3 applies. invitation means any invitation (expressed or implied, and whether made verbally or by conduct, or by any advertisement) designed to obtain money or articles. street means any road within the meaning of the Transport Operations (Road Use Management) Act 1995, including any place to which the public have access and which adjoins any road as aforesaid, and includes a part of a street. street collection, in relation to any purpose to which this part applies, means any appeal for support for such purpose made in any street, and there— (a) making a collection; or (b) making or distributing any invitation; or (c) distributing or disposing of any device within the meaning of section 18 in connection with the appeal for support; or (d) doing anything else declared under a regulation to be a street collection; or doing more than 1 of these things. 14A Application of part 4 This part applies to door-to-door appeals and street collections for any purpose to which part 3 applies including any door-to-door appeal or street collection for any such purpose made by or on behalf of any religious denomination. 15 Control of door-to-door appeals (1) This section applies only to cities or towns, or cities and towns in a part of the State, specified under a regulation. (2) Any city or town or part of the State so specified and the boundaries thereof may be specified in such a manner as the Governor in Council considers sufficient for identification. (3) For the purpose of controlling door-to-door appeals in any city or town to which this section applies, the Minister may from time to time nominate localities therein, in such a manner as the Minister considers sufficient for the identification of each locality. (4) In relation to the area of any locality so nominated in any city or town, or where no locality is nominated in any city or town, then in relation to the whole of the area of the city or town in which this section is in force, the Minister may— (a) from time to time fix the maximum number of days on which door-to-door appeals for any of the purposes to which this part applies may be made during a period specified by the Minister; (b) in relation to any such period—fix a day on or before which applications may be made under this Act to have a day assigned whereon a door-to-door appeal for any such purpose may be made; (c) assign to any applicant from time to time a day (but so that the total number of days assigned do not exceed in number the maximum number fixed by the Minister) during any period so specified on which a door-to-door appeal for any such purpose may be made. (5) Any day so assigned may be a different day from that applied for. (6) The Minister may refuse to assign a day to any applicant. (7) In assigning days in accordance with subsections (4) to (6), the Minister shall first consider the applications of those persons who made application to the Minister on or before the day fixed by the Minister pursuant to subsection (4)(b). (8) No person shall make or cause to be made or assist in making or take part in any door-to-door appeal for any purpose to which this part applies— (a) in the area of any locality nominated under this section in any city or town; or (b) where no locality is so nominated in any city or town—in the whole of the area of any city or town; where this section is in force in any period specified under this section in relation to the area of that locality or, as the case may be, the whole of the area of that city or town on a day other than a day assigned under this section for the making of that appeal. 16 Control of street collections (1) This section applies only to cities or towns, or cities and towns in a part of the State, specified under a regulation. (2) Any city or town or part of the State so specified and the boundaries thereof may be specified in such a manner as the Governor in Council considers sufficient for identification. (3) For the purposes of controlling street collections in any city or town to which this section applies, the Minister may from time to time nominate localities or streets therein, in such a manner as the Minister considers sufficient for the identification of each locality or street, as the case may be. (4) In relation to all streets in any locality or to any street so nominated in any city or town, or where no locality or street is nominated in any city or town, then in relation to all streets in the city or town in which this section is in force, the Minister may— (a) from time to time fix the maximum number of days on which street collections for any of the purposes to which this part applies may be made during a period specified by the Minister; (b) in relation to any such period—fix a day on or before which applications may be made under this Act to have a day assigned whereon a street collection for any such purpose may be made; (c) assign to any applicant from time to time a day (but so that the total number of days assigned do not exceed in number the maximum number fixed by the Minister) during any period so specified on which a street collection for any such purpose may be made. (5) Any day so assigned may be a different day from that applied for. (6) The Minister may refuse to assign a day to any applicant. (7) In assigning days in accordance with subsections (4) to (6), the Minister shall first consider the applications of those persons who made application to the Minister on or before the day fixed by the Minister pursuant to subsection (4)(b). (8) Where a day is assigned under this section for the making of any street collection— (a) in any locality or street nominated under this section in any city or town; or (b) where no locality or street is so nominated in the city or town—in any city or town; in which this section is in force for any purpose, then no person shall make or cause to be made or assist in making or take part in any street collection for any other purpose, whether a purpose to which this part applies or not, in that locality or street or city or town, as the case may be, on that day. 17 Conditions to be observed in connection with door-to-door appeals and street collections (1) This section applies with respect to every door-to-door appeal and street collection for any purpose to which this part applies whether made, in the case of a door-to-door appeal, within or without a city or town to which section 15 applies or, in the case of a street collection, within or without a city or town to which section 16 applies. (2) In addition to the conditions prescribed for the appeal for support by section 11, there shall be observed in connection with each door-to-door appeal or street collection to which this section applies, the conditions particularly prescribed for door-to-door appeals or, as the case may be, street collections. (3) The provisions of section 11(2) shall apply in relation to any contravention of any condition required by subsection (2) of this section to be observed in connection with any such door-to-door appeal or street collection as if a condition referred to in the section 11(2) were a condition referred to in subsection (2) of this section. Part 5 Restriction on distribution of certain devices 18 Restriction on distribution of certain devices (1) An application may be made to the Minister by or on behalf of the governing body of any charity registered under this Act or of any association whose objects are a community purpose which is sanctioned under this Act for which any appeal or appeals for support may be made for the assigning to that charity or association of the exclusive right to distribute or dispose of a device in connection with all or any appeals for support made for that charity or objects of that association, as the case may be, or to alter any device in respect of which such exclusive right has been previously assigned. (2) Any such application may be made with respect to appeals for support made throughout the State or in any specified part or parts of the State. (3) Upon consideration of an application under subsection (1) the Minister in the Minister's discretion may grant the application or refuse the application. (4) An application may be granted for an indefinite duration of time or for such period as the Minister thinks fit and any grant may be revoked at any time by the Minister should, in the Minister's opinion, the circumstances justify such revocation. (5) The exclusive right to distribute or dispose of certain devices conferred by the regulations under the repealed Act on certain charities within the meaning of that Act in connection with appeals for support by or on behalf of those charities respectively shall continue for the purposes of this Act as an exclusive right to distribute or dispose of the same assigned to that particular body in connection with appeals for support made in any part of the State for the body, but without prejudice to the right of each body to apply under this section at any time and from time to time for the alteration of that device or to apply for the assigning thereto of a further device for the purposes of this section and without prejudice to the determination under this Act of any question as to whether that body is a charity or not for the purposes of all or any of the provisions of this Act. (6) Where the exclusive right to distribute or dispose of any device is continued or is assigned by or under this Act to any charity or association in connection with all or any appeals for support made in the State or any part of the State for that charity or purpose of that association, as the case may be, then no person shall distribute or dispose of any such device (or any device so nearly resembling the same as is likely to deceive or is intended to deceive) in connection with any appeal for support for any purpose whatsoever in any part of the State or, as appropriate, in that part of the State, save in connection with an appeal for support for the charity or objects of the association, as the case may be, to which that device is for the time being assigned by or under this Act. (7) In this section— device means badge, emblem, disc, token, artificial flower, or other device, and any reference herein to the distribution or disposal of any device shall include a reference to the distribution or disposal of any article bearing, containing, or being in any manner whatsoever a representation of such device. Part 6 Registration of charities 19 Registration of charities (1) There shall be a register of charities containing all charities for the time being registered under this Act and in which there shall be entered with respect to such charities such particulars as may be prescribed. (5) For the purposes of this Act, the registration of an association as a charity shall embrace every local or affiliated branch or section of the association unless, with the consent of the central body, any such local or affiliated branch or section applies for and is granted registration separately. (6) Where a local or affiliated branch or section of a charity which is registered separately from the central body as a charity, is subsequently removed from the register of charities then until the Minister otherwise directs no appeal for support shall be made for that local or affiliated branch or section or for its objects as distinct from an appeal for support for the central body or for the objects of the central body. (7) While a charity remains registered under this Act then, subject to this Act and the conditions to which the registration is subjected, any appeal for support for the charity may be made. (8) A charity may apply to the chief executive for registration under this Act. (9) With every such application there shall be supplied to the chief executive such documents and information as may be prescribed or as the chief executive may require for the purpose of the application. (10) The Minister may, before granting any application, make such inquiries with respect to the charity as the Minister thinks fit. (11) Every member of the governing body and every officer and member of the charity and any other person shall supply or cause to be supplied all documents in his or her possession or under his or her control or all information within his or her knowledge as is required by the Minister in any inquiry made under subsection (10). (12) Upon consideration of an application under this section, the Minister in the Minister's discretion may— (a) grant the application; or (b) grant the application subject to such conditions as the Minister thinks fit; or (c) refuse the application. (13) However, without derogating from subsection (12), the Minister before refusing any application under this section shall take into consideration whether the association is a charity, whether the charity is established in good faith as a charity, whether there is a likelihood of its complying with the provisions of this Act including the conditions imposed by or under this Act, whether the charity is or will be properly administered, whether the proposed objects of the charity are already covered by a charity which is registered under this Act, and whether it would be in the public interest to grant such application. (14) The Minister may at any time, if the Minister thinks fit, limit the registration under and for the purposes of this Act of any charity to such activity of the charity as relates to or is concerned with any specified object, area, period of time, or manner of making an appeal for support, and where any such conditions are fixed the charity shall comply in every respect therewith. (15) The Minister shall cause to be given to every charity registered under this Act a certificate in or to the effect of the approved form, and, subject to this Act, every such certificate while it continues in force under this Act, shall be evidence of the matter certified to therein. (16) Every charity registered under this Act shall comply in every respect with the provisions of this Act, and the conditions subject to which its registration is granted. (17) The register of charities (including the entries cancelled when associations are removed from the register) shall be open to public inspection at all reasonable times and copies of entries therein or of extracts therefrom may be made available in accordance with the regulations. 19A [Repealed] 20 Restriction on use of charity names (1) A charity shall not use or permit or suffer the use of any name, other than its name appearing for the time being in the register of charities, in connection with any appeal for support made for the charity or for the charity and any other purpose. (2) For the purpose of the registration of a charity, the name of the charity shall be such as, in the opinion of the Minister— (a) is not undesirable; or (b) is not likely to be confused with or mistaken for a name which already appears for the time being in the register of charities of a charity registered under this Act. (3) Notwithstanding anything to the contrary in any other Act or any rule of law, the name appearing in the register of charities of a charity registered under this Act may be identical with or similar to the name of a charity which is not so registered. (4) No charity or association shall use or cause or permit to be used as its name, a name identical with or similar to the name of a charity registered under this Act or a name calculated to mislead the public into believing or to induce the public to believe, that it is one and the same as the charity so registered or that it is associated with the charity so registered. 21 Effect of, and applications to remove, registration (1) Any association shall for all purposes be presumed to be or have been a charity at any time when it is or was on the register of charities. (2) Any person who is or may be affected by the registration of an association as a charity, may, on the ground that it is not a charity or on any other ground prescribed by the regulations, apply to the Minister for it to be removed from the register; and provision may be made by the regulations as to the manner and time in which any such application is to be made, prosecuted, or dealt with. 22 Removal from the register etc. (1) Any association (including any charity) shall be removed from the register of charities and shall thereupon cease to be a charity registered under this Act if at any time— (a) it appears to the Minister that it is no longer a charity within the meaning of this Act, or that it should not have been registered as a charity or that it has ceased to exist or has ceased to operate; or (b) the Minister is satisfied that it is not being carried on in good faith as a charity or is not complying with any of the provisions of this Act including any of the conditions imposed by or under this Act, or that it is not being properly administered, or that any failure, without reasonable excuse having been shown to the Minister's satisfaction has occurred in answering any question, supplying any information, producing any record or lodging any return in accordance with any requirement, direction, or order, notified, given, or made under and for the purposes of this Act, or that it would be in the public interest to remove it from the register; or (c) it makes application in writing to the Minister to be removed from the register of charities and the Minister grants that application. (2) Without limiting the power to make regulations under section 47 for these purposes, the regulations may prescribe the manner, notices and conditions, or any of these, which shall have application with respect to any removal from the register of charities. 23 Effect on certificate of removal from register Where any association (including any charity) is removed under this Act from the register of charities the certificate of registration given under section 19(15) shall cease to be in force. Part 6A Registration of particular Commonwealth registered entities 23A Application of part (1) This part applies to a Commonwealth registered entity other than an excluded entity. (2) In this part, a reference to a Commonwealth registered entity is a reference to a Commonwealth registered entity to which this part applies under subsection (1). (3) In this section— excluded entity means— (a) The Council of The Queensland Institute of Medical Research established under the Queensland Institute of Medical Research Act 1945; or (b) a foundation established under the Hospital Foundations Act 2018; or (c) a local ambulance committee established under the Ambulance Service Act 1991; or (d) a parents and citizens association; or (e) a religious denomination. 23B Commonwealth registered entity taken to be registered as charity (1) This section applies to a Commonwealth registered entity if— (a) the Minister receives notification that appeals for support for the entity are intended to be made in Queensland; and (b) the giving of the notification in relation to the entity is not prohibited under section 23J(4). (2) The Commonwealth registered entity is taken to be registered as a charity under this Act. (3) However, section 19(1) does not apply in relation to the Commonwealth registered entity. (4) Notification under subsection (1)(a) may be given in relation to a Commonwealth registered entity— (a) by the entity by notice in the approved form; or (b) by the ACNC commissioner acting on behalf of the entity in a way agreed between the commissioner and the Minister. 23C Duration of deemed registration (1) This section applies to a Commonwealth registered entity to which section 23B applies. (2) The Commonwealth registered entity's deemed registration takes effect on and from the day the Minister receives the notification under section 23B(1)(a) in relation to the entity. (3) The Commonwealth registered entity's deemed registration ends if— (a) the Minister ends the entity's deemed registration under section 23I; or (b) the entity's registration under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth), part 2-1 is revoked; or (c) the entity gives the Minister notice in the approved form that the entity wishes the entity's deemed registration to end. 23D Conditions of deemed registration (1) The Minister may, by written notice to a deemed registrant, impose conditions on the registrant's deemed registration. (2) A condition may be about— (a) a particular appeal for support made for the deemed registrant; or (b) all appeals for support made for the deemed registrant. (3) The Minister may, by written notice to a deemed registrant, amend or revoke a condition of the registrant's deemed registration imposed, or taken to have been imposed, under this section. Note— See sections 23E(3) and 23F(3) for conditions that may be taken to have been imposed under this section. 23E Pre-existing registration (1) This section applies if, immediately before a Commonwealth registered entity becomes a deemed registrant, the entity is registered as a charity under this Act. (2) On the Commonwealth registered entity becoming a deemed registrant— (a) the entity's registration mentioned in subsection (1) (the pre-existing registration) ends; and (b) section 19(1) no longer applies in relation to the entity. (3) Any condition of the pre-existing registration imposed under section 19(12)(b) is taken to be imposed under section 23D as a condition of the Commonwealth registered entity's deemed registration. (4) The Minister may reinstate the pre-existing registration for the Commonwealth registered entity if the entity's deemed registration ends— (a) under section 23C(3)(b) in the circumstances that the entity's registration under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth), part 2-1 is revoked as a result of the entity requesting, under section 35-10(1)(e) of that Act, that the registration be revoked; or (b) under section 23C(3)(c). (5) A pre-existing registration reinstated under subsection (4)— (a) has the same effect as registration granted under section 19; and (b) is subject to the conditions (if any) mentioned in subsection (3). 23F Pre-existing sanction (1) This section applies if, immediately before a Commonwealth registered entity becomes a deemed registrant, a sanction is in force under section 12(1) for the entity. (2) On the Commonwealth registered entity becoming a deemed registrant, the sanction (the pre-existing sanction) is revoked. (3) Any condition subject to which the pre-existing sanction was given under section 12 is taken to be imposed under section 23D as a condition of the Commonwealth registered entity's deemed registration. (4) The Minister may reinstate the pre-existing sanction for the Commonwealth registered entity if the entity's deemed registration ends— (a) under section 23C(3)(b) in the circumstances that the entity's registration under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth), part 2-1 is revoked as a result of the entity requesting, under section 35-10(1)(e) of that Act, that the registration be revoked; or (b) under section 23C(3)(c). (5) A pre-existing sanction reinstated under subsection (4)— (a) has the same effect as a sanction granted under section 12; and (b) is subject to the conditions (if any) mentioned in subsection (3). 23G Application of particular pre-existing decisions by the Minister to deemed registrant (1) This section applies to a Commonwealth registered entity that, immediately before becoming a deemed registrant, had— (a) pre-existing registration under section 23E; or (b) a pre-existing sanction under section 23F. (2) Any decision of the Minister made in relation to the Commonwealth registered entity's pre-existing registration or pre-existing sanction is taken to have been made in relation to the entity's deemed registration. (3) Without limiting subsection (2), any of the following decisions for the Commonwealth registered entity's pre-existing registration or pre-existing sanction becomes a decision for the entity's deemed registration— (a) an assignment of a day by the Minister under section 15(4)(c) to the entity; (b) an assignment of a day by the Minister under section 16(4)(c) to the entity; (c) an approval by the Minister of a written agreement between the entity and a person allowing the person to make or assist in making, an appeal for support for the entity for commission or in expectation of reward; (d) for a pre-existing sanction—an approval by the Minister under section 11(1)(b)(ii) of a person as the promoter of an appeal for support. 23H Particular applications deemed registrants may not make A deemed registrant may not apply— (a) for a sanction under section 12; or (b) for registration as a charity under section 19. 23I Minister may end deemed registration (1) The Minister may, by written notice to a deemed registrant, end the registrant's deemed registration if satisfied that— (a) the registrant has contravened a provision of this Act; or (b) the proceeds of an appeal for support made for the registrant in Queensland have been mismanaged or misapplied; or (c) the registrant has contravened a condition of the registrant's deemed registration; or (d) other circumstances justify the ending of the deemed registration. (2) Before ending a deemed registrant's deemed registration, the Minister must— (a) give the registrant's governing body a written notice— (i) stating that the Minister is considering whether to end the registrant's deemed registration and the reasons the Minister is considering doing so; and (ii) inviting the registrant to make a submission on the proposed ending of the deemed registration within the period stated in the notice; and (b) consider any submission made by the registrant within the stated time. (3) The Minister must not state in a notice given under subsection (2)(a) a period of less than 14 days after the notice is given. 23J Effect of end of deemed registration (1) This section applies if the Minister ends a Commonwealth registered entity's deemed registration under section 23I. (2) Within 1 month after the deemed registration ends, the Commonwealth registered entity must give the Minister records of all appeals for support made for the entity in Queensland. (3) The Commonwealth registered entity must not, without the Minister's written consent, distribute or deal with any asset obtained as a result of any appeal for support made for the entity in Queensland while its deemed registration was in effect. (4) The Minister may prohibit the giving of notification under section 23B(1)(a) in relation to the Commonwealth registered entity— (a) for a period stated by the Minister; or (b) until the Minister advises that notification in relation to the entity may be given under section 23B(1)(a) by written notice to the entity. (5) The Minister must give a copy of the notice given under subsection (4)(b) to the ACNC commissioner. 23K List of deemed registrants (1) The chief executive may publish on the department's website a list of the names of deemed registrants. (2) If a Commonwealth registered entity's deemed registration ends under section 23C(3) the chief executive must update the list of names of deemed registrants accordingly. 23L Application of Act to deemed registrants (1) This Act, other than the excluded provisions, applies in relation to a deemed registrant in the same way the Act applies in relation to a charity or a charity registered under this Act. (2) For applying subsection (1), to the extent the context permits— (a) a reference to a charity is taken to include a reference to a deemed registrant; and (b) a reference to a charity registered under this Act is taken to include a reference to a deemed registrant; and (c) a reference to registered, in relation to a deemed registrant, is taken to be a reference to registration under section 23B. (3) In this section— excluded provisions means— (a) parts 5 and 6 and section 29; and (b) a provision of a regulation made under this Act declared by the regulation to be a provision to which section 23L of this Act does not apply. 23M Application of other Acts to deemed registrants To the extent the context permits, a reference in a provision of another Act to a charity registered under this Act is taken to include a reference to a deemed registrant under this Act. 23N Special provision about conducting games (1) A deemed registrant's deemed registration does not confer an authorisation on the registrant to conduct a game under the Charitable and Non-Profit Gaming Act 1999. (2) Subsection (1) does not prevent the deemed registrant lawfully conducting a game under the Charitable and Non-Profit Gaming Act 1999. (3) Section 13 does not apply to an appeal for support for a deemed registrant that consists only of conducting a game under the Charitable and Non-Profit Gaming Act 1999. Part 7 Information, investigations, records, audit, and returns 24 Information etc. may be obtained on any aspect of an appeal for support Where by any provision of this part, power is conferred upon any person to require the answering of any question or the supplying of any information, or the production of any record, or the lodgement of any return in relation to any appeal for support, then, without limiting the generality of the aforegoing, that power shall be deemed to include power to require the answering of any question or the supplying of any information, or the production of any record, or the lodgement of any return, as the case may be, in relation to the administration and management of the association (if any) making or causing to be made the appeal for support or for whose objects or purposes the appeal is made, the receipts and expenditure associated with the appeal, and the administration management, and application of moneys and property resulting from the appeal for support. 25 Obtaining of information (1) Upon receipt of any application under this Act, the Minister or chief executive may, if the Minister or chief executive thinks it necessary or desirable so to do, require the applicant to supply such information, in addition to the information to be contained in the application and accompanying documents (if any) as the Minister or chief executive considers necessary and, without limiting any other provision of this Act whereby power is conferred to refuse the application, the application may be refused by reason of the failure to supply the additional information required. (2) The Minister, chief executive or any inspector at any time, and from time to time, in relation to any appeal for support for any purpose whether a purpose to which part 3 applies or not, or in relation to any charity or any association whose objects are a community purpose, verbally or by notice in writing, may require any person specified in subsection (3)— (a) to answer any question or to supply such information as required; (b) produce all or any records as required; (c) lodge all or any returns as required. (3) Any requirement under subsection (2) may be addressed to any of the following persons— (a) where the appeal for support is made for a charity or the purpose of any association or where an association is the promoter or in the case of any charity or any association as aforesaid—any person who is or at any time was a member of the governing body thereof; (b) in the case of any appeal for support—the promoter and any person assisting or who has assisted in the making of, or is taking part or has taken part in, the appeal for support; (c) any person who is or was a trustee of moneys or property resulting from the appeal; (d) any person who is or was handling moneys or property received in the appeal; (e) any person who is or was in the beneficial receipt of any moneys or property from the appeal; (f) the manager or other principal officer of any financial institution with which any moneys received in or resulting from the appeal or with which any moneys of the charity or association, as the case may be, are or have been deposited; (g) in any case—any other person who, in the opinion of the Minister, chief executive or inspector may be in a position to answer the question or supply the information; (h) where any record is required to be produced—any person having the custody or control of the record; (i) where any return is required to be lodged—any person liable or who, in the opinion of the Minister, chief executive or inspector, is in a position to lodge the return. 26 Further powers of inspector (1) Without derogating from an inspector's powers under any other provision of this Act, an inspector for the purposes of this Act may at any time and from time to time— (a) enter any premises from which any appeal for support for any purpose referred to in section 25(2) is being made or to be made or where any record relating to that appeal is or is reasonably suspected to be; (b) make such examination and inquiry as the inspector considers necessary to ascertain whether the provisions of this Act and any determination, direction, or requirement thereunder are being complied with; (c) require any person who has the custody or control of any record relating to any appeal for support as aforesaid to produce for the inspector's inspection, examination, or audit that record; (d) require the manager or other principal officer of any financial institution with which any moneys received in or resulting from any such appeal for support are deposited, whether such moneys are deposited in a separate account or in an account with other moneys, to disclose each and every such account to the inspector and to permit the inspector to inspect and make and take away with the inspector a copy of or an extract from each and every such account; (e) require any person concerned in making any appeal for support as aforesaid or any person referred to in section 25(3) to attend before the inspector at a time and place named and then and there to be examined in relation to all or any matters whatsoever relating to the appeal for support; (f) examine any person attending pursuant to paragraph (e) and any person voluntarily attending before the inspector; (g) call to the inspector's aid any person the inspector may think competent to assist the inspector in the exercise of any power aforesaid; (ga) require any person in possession of money or property raised by or resulting from an appeal for support or used in the conduct of an appeal for support to produce that money or that property; (gb) require any person in possession of any document, money, property, item of value or other thing which, in any case, the inspector has reason to believe, may be required as evidence in proceedings for an offence to produce that document, money, item of value or other thing; (gc) seize and remove any document, money, property, item of value or other thing— (i) which in any case, the inspector has reason to believe, may be required as evidence in proceedings for an offence; (ii) raised by or resulting from or used in the conduct of an appeal for support; (h) exercise such other powers as may be prescribed. (2) No person shall be obliged to travel to attend before an inspector more than 16km from the person's place of abode without previously having been tendered such sum as is prescribed for the person's travelling expenses and attendance. (3) Without limiting the power to make regulations under section 47, the regulations may prescribe rates of allowances for travelling expenses and attendance of any persons who are required to attend before an inspector. (4) The power of entry conferred by subsection (1) does not include power to enter a building used solely as a private residence or to enter any part of a building that is so used save under the authority of a warrant. 26A Warrant to enter premises (1) A justice of the peace who is satisfied upon a complaint on oath that there is reasonable ground for suspecting that an offence against this Act is being, has been or is about to be committed on any premises may issue a warrant authorising an inspector to enter the premises specified in the warrant. (2) A warrant shall be, for a period of 14 days from the date of its issue, sufficient authority— (a) for an inspector— (i) to enter the premises specified in the warrant; and (ii) to exercise therein in relation thereto the powers conferred by section 26; and for those purposes to use such force as is reasonable; and (c) to use such force as may be reasonably necessary to perform any of the things referred to in this section. 27 Investigations (1) The Minister may at any time and from time to time cause an investigation to be made into— (a) any charity registered under this Act, including the nature and objects and administration thereof, and the application of the estates, funds, property, and income belonging thereto; (b) any association for the objects of which any appeal for support has been or is sanctioned under this Act, including the nature and objects and administration thereof, and the application of the estates, funds, property, and income belonging thereto; (c) any appeal for support for any purpose referred to in section 25(2). (2) The Minister may cause any such investigation to be made by an inspector or by any other person (who shall for the purposes thereof have all the powers of and shall be deemed an inspector) appointed in writing by the Minister in that behalf. (3) At the conclusion of any investigation pursuant to this section, the person conducting the investigation shall make a report in writing thereon to the Minister who may publish such report and in such manner as the Minister thinks fit. 28 Powers in relation to records produced The Minister, chief executive, inspector or other person to whom any record or return is produced or lodged pursuant to any requirement or direction or order under this Act, save where under the circumstances the person producing or lodging the record or return is not entitled to have it returned to the person, may— (a) examine the same and take copies thereof, or make extracts therefrom; (b) retain the same for such time as the person considers sufficient to enable it to be examined by any other person the person thinks competent to do so, or for any purpose as specified in paragraph (a), or for the purpose of making further inquiries in relation thereto, or retain the same for the purpose of any legal proceedings. 29 Constitution of charity etc. (1) Every application for the registration under this Act of a charity, and every application by an association whose objects are a community purpose, for the sanctioning under this Act of that community purpose, shall be accompanied by an up-to-date copy of the constitution thereof certified to in writing as a true and correct copy thereof by any 2 members of the governing body thereof. (2) The governing body of each charity registered under this Act and the governing body of each association whose objects are a community purpose which is sanctioned under this Act shall— (a) lodge with the chief executive every amendment proposed of the constitution of the charity or association, as the case may be, before the proposed amendment is resolved by the charity or association including by any meeting of any members thereof; (b) lodge with the chief executive a copy, certified to in writing as a true and correct copy thereof by any 2 members of the governing body, of every amendment of the constitution of the charity or association forthwith after the amendment is made by the charity or association, and no amendment of the constitution of the charity or association shall have any force and effect unless and until that amendment is approved by the Minister. (3) The governing body of each charity registered under this Act and the governing body of each association whose objects are a community purpose which is sanctioned under this Act shall lodge with the chief executive if and when required, an up-to-date copy of the constitution of the charity or association certified to in writing as a true and correct copy thereof by any 2 members of the governing body of the charity or association. (4) The constitution of each charity registered under this Act, and of each association whose objects are a community purpose that is sanctioned under this Act, must provide that— (a) income and property of the charity or association must be applied in promotion of its objects and not distributed among members; and (b) dividends must not be paid to members. (5) Subsection (4) does not apply to a charity listed in the schedule. (6) Also, subsection (4)(a) does not apply to a charity or an association if the charity's or association's constitution authorises the charity or association to distribute income and property among members who are themselves charities or associations, whether in Queensland or another State. 30 Records of appeals for support (1) Except as prescribed or where the appeal for support consists only of an art union authorised under the Charitable and Non-Profit Gaming Act 1999, the promoter of each appeal for support for any purpose to which part 3 applies shall keep and retain in the promoter's custody until such time as the promoter is directed or authorised by or under this Act to destroy, hand over, or otherwise dispose of that record, a record of the appeal for support in writing consisting of or showing— (a) the purpose for which the appeal was made; (b) the full name and address of the promoter and the promoter's authority for acting as promoter; (c) an accurate statement showing full details, of all income and expenditure associated with the appeal (in the approved form) and of the moneys and property raised by or resulting from the appeal and of the disposal of all such moneys and property; (d) the audit report or a copy thereof, if such a report is received by the promoter, in relation to the appeal for support; (e) such other matters as may be prescribed in that behalf. (2) Where any appeal for support is made for a charity registered under this Act or for an association whose objects are a community purpose which is sanctioned under this Act, the promoter may, and if so required by that governing body, the Minister, chief executive or any inspector shall, hand over his or her record of the appeal for support to the governing body of the charity or association and the governing body shall thereupon cause to be kept and retained in the custody of a responsible officer that record until such time as it is directed or authorised by or under this Act to destroy, hand over, or otherwise dispose of that record. 31 Keeping financial records (1) This section applies to each of the following entities— (a) a charity registered under this Act; (b) an association whose objects are a community purpose sanctioned under this Act. (2) The entity must— (a) keep financial records correctly recording and explaining its financial transactions, financial performance and financial position; and (b) keep the financial records in a way that— (i) enables a true and fair financial statement to be prepared; and (ii) if the entity is required under section 32 to have the financial statement for a reportable financial year audited or verified—enables the financial statement to be conveniently and properly audited or verified. Maximum penalty—20 penalty units. (3) A regulation may prescribe particular financial records to be kept by an entity mentioned in subsection (1). 32 Financial statement (1) This section applies to each of the following entities— (a) a charity registered under this Act, other than an exempt charity; (b) an association whose objects are a community purpose sanctioned under this Act, other than an exempt association; (c) a promoter of an appeal for support for a purpose to which part 3 applies. (2) The entity must prepare a financial statement for the entity's last reportable financial period as required under this section. Maximum penalty—20 penalty units. (3) The financial statement must— (a) be prepared within the period prescribed by regulation; and (b) include the information prescribed by regulation; and (c) be audited or verified in the way prescribed by regulation, including, for example, by an independent entity holding the qualifications prescribed by regulation. (4) If a financial statement is required to be audited under subsection (3)(c), the auditor has the powers of an inspector under this Act for the audit. (5) The entity must lodge the following documents with the chief executive as required under this section— (a) the financial statement for the entity's last reportable financial period, as prepared under this section; (b) any document relating to the audit or verification of the financial statement for the entity's last reportable financial period, as mentioned in subsection (3)(c). Maximum penalty—20 penalty units. (6) The documents mentioned in subsection (5) must be lodged in the way and within the period— (a) prescribed by regulation; or (b) as directed by the chief executive. 33 Returns (1) This section applies to each of the following entities— (a) a charity registered under this Act, other than an exempt charity; (b) an association whose objects are a community purpose sanctioned under this Act, other than an exempt association; (c) a promoter of an appeal for support for a purpose to which part 3 applies. (2) The entity must lodge a return as required under this section with the chief executive. Maximum penalty—20 penalty units. (3) The return must contain the information prescribed by regulation. (4) The return must be lodged in the way and within the period prescribed by regulation. 33A Chief executive may require lodgement of financial statement or return (1) This section applies to each of the following entities— (a) a charity registered under this Act; (b) an association whose objects are a community purpose sanctioned under this Act; (c) a promoter of an appeal for support for a purpose to which part 3 applies. (2) The chief executive may direct the entity to do any of the following— (a) prepare a financial statement for a reportable financial year of the entity; (b) prepare a return containing the information stated in the direction; (c) lodge the financial statement mentioned in paragraph (a) or return mentioned in paragraph (b) within a period stated in the direction; (d) cause information contained in the financial statement mentioned in paragraph (a) to be audited or verified by an appropriately qualified person prescribed by regulation. (3) The entity must comply with the direction. Maximum penalty—20 penalty units. (4) To remove any doubt, it is declared that this section also applies to an exempt charity or exempt association. Part 8 Miscellaneous 34 Power to act for the protection of the public etc. (1) Where the Minister is satisfied that in relation to the promotion or conduct of any appeal for support for any purpose to which part 3 applies, there has been any misconduct or mismanagement the Minister may do any 1 or more of the following things— (a) direct that the appeal for support be discontinued; (b) direct that no future appeals for support for the purpose be made; (c) direct any financial institution or person who holds property raised by or resulting from the appeal for support not to part with the property without the prior approval of the Minister. (2) No person shall knowingly make or cause to be made or assist in making or take part in any appeal for support in contravention of any such direction, or otherwise contravene any such direction, unless and until that direction is revoked by the Minister. (3) The Minister may at any time revoke any direction given under this section. (4) The provisions of this section shall not be read as limiting or restricting any other provision of this Act or as prohibiting any action being taken thereunder or any proceedings being taken for any non-compliance with this Act or any other Act. 35 Vesting of property in the public trustee (1) This section applies if the chief executive is satisfied— (a) that in any case set forth in the Charitable Funds Act 1958, section 5 the property in any fund or any part or residue thereof raised by or resulting from any appeal for support for any purpose to which part 3 applies may be dealt with under this section; or (b) that any property (