CBS is responsible for licensing Collections for Charitable Purposes in South Australia.

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

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

Every charity has a purpose. But how do you know that your donation is having a positive impact on that charitable purpose? The Government has come up with these five easy steps to help you answer this question.

Ask for identification from anyone seeking a donation
Charities licensed in South Australia are required under the Code of Practice to disclose:

  • Whether a collector is a volunteer or paid
  • The collector’s name or unique identifier
  • The name of the licensed charity and/or collection agent

Ask to see the disclosure information sheet
Charities licensed in South Australia are required to have an information sheet outlining key information including contact details, purpose of funds collected and information about collection agreements and policies.
A face-to-face collector should be able to provide you with this information sheet. Telephone collectors and websites should also be able to direct you to a copy of the information sheet accessible from the charity’s website.

Check the organisations name and charitable status
There are many charitable organisations. Some you may or may not have heard of. The first step is to check to see whether they are licensed or registered. Charities may appear on one or both of the following charitable organisation registers:

A special warning about online campaigns
There are online scammers that may pretend to be a charity or steal the identity of a licensed charity to scam money from you. To be safe, you can confirm the charity’s official website address on one of the registers above. Avoid sending your personal information by e-mail, wiring money to a person you do not know, or donating money via a link contained in e-mail.

Find out about the charity
First-hand information about the work of a charity, either because the donor volunteers or has received services from the charity, can provide confidence. Nevertheless, it does not hurt to do some additional research about a charity, especially if you are contemplating a larger donation. Both the South Australian Government Charities website and the ACNC register are great starting points.

The South Australian Government Charities website provides useful information about the amounts collected by the charity, the cost of collection and the amount available to the charitable purpose. While the ACNC register provides comprehensive details of the charity including office holders, governing documents and audited financial reports.

The ACNC has prepared some fact sheets that can help you learn more about the charity:

Ask questions
Don’t be afraid to contact the charity! Often some direct questions will give you the answers that provide you with confidence to donate.Often donors giving large amounts may want to specify exactly how it is used or want to have regular reports from the charity. While many charities may wish to meet these requirements, be aware that special requirements involve charities using resources that would otherwise be applied to the charitable purpose.

 

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.

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).

List of Current Charity Licences
List of Expired and Revoked Charity Licences

Forms

Collections for Charitable Purposes Fact Sheet
Application For Licence Pursuant To Section 6 & Section 7
Application For Licence Pursuant To Section 6A (Collection Agent’s Licence)
Fundraising Income and Expenditure Statement for Section 6 & Section 7
Fundraising Income and Expenditure Statement for Section 6A (Collection Agent’s Licence)

Important information for CBS customers – Australia Post current delivery timetable

The Department of Treasury and Finance is undertaking public consultation on the Exposure Draft – Statutes Amendment (Commonwealth Registered Entities) Bill 2013.

The Exposure Draft proposes changes to the Collections for Charitable Purposes Act 1939 and the Associations Incorporation Act 1985.

The amendments eliminate regulatory duplication for charities fundraising in South Australia if they are formally registered with the Australian Charities and Not-for-profits Commission. The Exposure Draft also includes amendments to the Collections for Charitable Purposes Act 1939 to improve compliance and reporting on which consultation occurred in 2010.

Submissions should be made before 4 October 2013.

As from 1 March 2013, all licensees must comply with the Charities 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.

Submissions and Responses

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

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 Consumer and Business Services 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.

Please click here download the issues paper.

Submissions and Responses

Copies of submissions on the Improving Regulation issues paper

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).

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.

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

Disclosure Requirements by Charities and Collection Agents

Consumer and Business Services 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.

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.