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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2016-03-09 Daily Xml
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Bills

Statutes Amendment (Commonwealth Registered Entities) Bill

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (12:02): Obtained leave and introduced a bill for an act to amend the Associations Incorporation Act 1985 and the Collections for Charitable Purposes Act 1939. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (12:02): I move:

That this bill be now read a second time.

This bill proposes amendments to the Collections for Charitable Purposes Act 1939 and the Associations Incorporations Act of 1985 to reduce administrative burden for charities registered under the Australian Charities and Not-for-profits Commission Act of 2012 and collecting in South Australia. The Collections for Charitable Purposes Act requires charities collecting or attempting to collect moneys or goods for defined charitable purposes in South Australia to be licensed. The bill proposes to clarify the definition of 'charitable purposes' to make clear that 'charitable purpose' includes support, provision and research in connection with health services.

The amendments in this bill propose that any charity registered under the Australian Charities and Not-for-profit Commission Act of 2012 that gives notice of its intention to act as a collector, will be allowed to conduct fundraising collections in South Australia without having to apply for a licence under the Collections for Charitable Purposes Act or report to the minister. Nevertheless, the conduct of fundraising collections by these charities will continue to be subject to the code of practice and other disclosure obligations. At this point, for those who were following the introduction, I now seek leave to have the remainder of the second reading explanation inserted in Hansard without my reading it.

Leave granted.

These changes will significantly reduce regulatory duplication for charities registered under the Australian Charities and Not-for-profits Commission Act 2012. To facilitate these arrangements, the Bill provides for information exchange to assist both the Australian Charities and Not-for-profits Commission and Consumer and Business Services fulfil their legislative functions. It also provides for removal of the collection agent licence (section 6A) and the entertainment licence (section 7) as there are no parallels with the Australian Charities and Not-for-profits Commission arrangements.

The Bill also includes amendments to better address concerns about potential misuse of funds collected for charitable purposes. Specifically, the Bill enables the Minister to request criminal history information from the Commissioner of Police about an applicant for or a holder of a licence. It also includes improved information gathering powers.

Many of the South Australian charities registered under the Australian Charities and Not-for-profits Commission Act 2012 will be associations incorporated under the Associations Incorporation Act. These charities will still be regulated pursuant to the Associations Incorporation Act, but will not be required to lodge periodic returns under this Act if certain information has been provided to the Commissioner of the Australian Charities and Not-for-profits Commission (and Corporate Affairs Commission if required).

Prescribed associations that are registered under the Commonwealth Australian Charities and Not-for-profits Commission Act 2012 will still be required to lay certain information before members of the association at the annual general meeting of the association as well as causing a report of the committee to be prepared disclosing any benefits received.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Associations Incorporation Act 1985

4—Insertion of sections 33 to 34B

This clause inserts sections 33 to 34B:

33—Preliminary

Definitions are inserted for the purposes of the measure.

34—Application of Division to relevant prescribed associations

A relevant prescribed association (which is defined) is exempt from Part 4 Division 2 if the association has submitted specified information to the Australian Charities and Not-for-profits Commission. Despite the exemption from the Division, certain requirements are prescribed.

34A—Disclosure of information relating to relevant prescribed associations

An agreement may be made relating to information sharing between Commonwealth and State regulators.

34B—Commission may provide information to Commonwealth Commissioner

The Commission is authorised to provide information to the Commonwealth Commissioner for the purposes of the measure.

5—Amendment of section 39—Annual general meeting

This is a technical amendment to make the time period within which a relevant prescribed association must hold its annual general meeting consistent with the equivalent requirement in the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth.

6—Amendment of section 67—Regulations

The regulation making powers are amended to include a power to exempt incorporated associations that are registered under the Australian Charities and Not-for-profits Commission Act 2012 from the application of the Associations Incorporation Act 1985.

Part 3—Amendment of Collections for Charitable Purposes Act 1939

7—Amendment of section 4—Interpretation

Definitions are inserted and amended for the purposes of the proposed amendments to the Collections for Charitable Purposes Act 1939.

In addition, the definition of charitable purpose is amended to include the provision of, or assistance or support to the provision of, health services (within the meaning of the Health Care Act 2008) or research in the field of health or such health services as a charitable purpose. Another amendment is made to the definition.

8—Amendment of section 6—Collectors must be authorised by licence

Provision is made for a Commonwealth registered entity to be deemed to hold a section 6 licence for the purposes of the Act while the entity remains a Commonwealth registered entity. Requirements and other matters relating to such licences are provided for.

9—Repeal of section 6A

Section 6A is repealed.

10—Amendment of section 6B—Disclosure requirements for collectors—unattended collection boxes

This amendment is consequential on the repeal of section 6A.

11—Amendment of section 6C—Disclosure requirements for collectors—other collections

The amendment to section 6C(4)(a) is related to the amendments that recognise Commonwealth registered entities (by providing for such entities to hold 'deemed' licences).

The repeal of section 6C(7) is consequential on the repeal of section 6A.

12—Amendment of section 7—Disclosure requirements for collectors—entertainments

The repeal of section 7(2) removes the requirement for a person who conducts or sells a ticket for an entertainment to hold a section 7 licence. Instead, the requirements in section 7(3) and (5) relating to entertainments are imposed on section 6 licence holders. Other amendments are consequential.

13—Amendment of section 8—Grant of authority by licensee

14—Amendment of section 9—Revocation of authority by society etc

These amendments are consequential on the repeal of section 7.

15—Amendment of section 11—Application for licence

Currently, section 11(2) requires the Minister, in considering an application for a section 6 or 7 licence, to take into account any matter the Minister thinks fit and consider whether, having regard to the objects of the applicant, those objects would be more effectively or economically carried out by any other person, society, body, or association being the holder of or an applicant for a licence under the Act.

The amendment proposes the repeal of subsection (2) so that the Minister is not expressly required to consider those matters in considering applications.

16—Amendment of section 12—Conditions of licence etc

Proposed new subsection (1) provides for licences to specify the period for which they apply.

The amendment relating to codes of practice reflects the insertion of a definition of code of practice into the Act.

Other amendments require the giving of notice before certain action is taken.

Other amendments provide for suspension of licences.

17—Insertion of sections 14A and 14B

This clause inserts sections 14A and 14B:

14A—Provision of information to Minister by Commissioner of Police

The Commissioner of Police must provide criminal history information to the Minister about a licence holder or applicant.

14B—Minister may require production of documents, records etc

The Minister may require production of documents, records or other information in a person's possession connected with an activity for which a licence is required under the Act.

18—Amendment of section 15—Accounts, statements and audit

The first amendment allows the Minister to require the holder of the licence to provide to the Minister a statement setting out specified information relating to money or property collected or received by the holder of the licence for charitable purposes.

Another amendment allows the Minister to publish on a website maintained by the Minister any information provided by the holder of a licence and requires the Minister to publish certain information.

Another amendment exempts Commonwealth registered entities from certain provisions of the section in certain circumstances. The Minister may impose requirements about the manner of provision of documents or information under the section.

19—Amendment of section 15B—Powers of inspectors

An inspector may require that the answer to a question under the section be verified by statutory declaration or given under oath.

20—Insertion of section 17A

This clause inserts sections 17A and 17B:

17A—Disclosure of information relating to Commonwealth registered entities

The Minister may enter into an agreement with the Commonwealth Commissioner as to the manner and provision of information for the purposes of the Act.

17B—Disclosure of information—general

The Minister is authorised to disclose certain information to certain persons or bodies.

21—Amendment of section 18C—Evidentiary

Some technical and consequential amendments are made to section 18C.

Schedule 1—Transitional provisions

This Schedule provides for transitional provisions for the purposes of the measure.

Schedule 2—Statute law revision amendments

This Schedule makes various amendments of a statute law revision nature to the principal Act.

Debate adjourned on motion of Mr Pederick.

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