Collections (Notifications) Amendment Regulation 2019

1Short title

This regulation may be cited as the Collections (Notifications) Amendment Regulation 2019.

2Commencement

This regulation commences on 31 January 2020.

3Regulation amended

This regulation amends the Collections Regulation 2008.

4Amendment of s 3 (Definition)

(1)Section 3, heading, ‘Definition’—
omit, insert—

Definitions

(2)Section 3—
insert—

application notice see section 4A.

5Amendment of s 4 (Application for registration)

Section 4(3) to (7)—
omit.

6Insertion of new s 4A

After section 4—
insert—

4A Chief executive must publish application notice

The chief executive must, as soon as practicable after receiving the application, publish a notice (an application notice) on the department’s website stating the following—

(a)that the association has made an application for registration as a charity;

(b)the association’s name and address for service;

(c)the day the application notice is published;

(d)that a person may object to the registration by filing with the Minister an objection—

(i)in the approved form; and

(ii)within 1 month after the application notice is published;

(e)that a person who files an objection must—

(i)within 7 days after filing the objection serve a copy of the objection on the association; and

(ii)give the Minister evidence the copy was served.

7Amendment of s 6 (Objections)

(1)Section 6(1)(b)—
omit, insert—

(b)filed with the Minister within 1 month after an application notice about the association’s application for registration is published under section 4A.

(2)Section 6(2)—
omit.

(3)Section 6(6), ‘(5)’—
omit, insert—

(4)

(4)Section 6(3) to (7)—
renumber as section 6(2) to (6).

8Insertion of new s 6A

After section 6—
insert—

6AChief executive must give notice of Minister’s decision about registration

(1)The chief executive must give an association who applies for registration as a charity written notice of the Minister’s decision to—

(a)grant the application; or

(b)grant the application with conditions; or

(c)refuse to grant the application.

(2)The notice must—

(a)be given as soon as possible after the Minister makes the decision; and

(b)if subsection (1)(c) applies—include the Minister’s reasons for the decision.

9Replacement of s 10 (Public notice of removal from register)

Section 10—
omit, insert—

10Chief executive must publish notice of removal from register

(1)This section applies if the Minister decides to remove a charity from the register of charities under section 22(1) of the Act.

(2)The chief executive must publish a notice on the department’s website stating—

(a)the charity’s name; and

(b)that the charity has been removed from the register of charities and the day it was removed.

10Insertion of new pt 11, div 1, hdg

Before section 44—
insert—

Division 1 Transitional provision for SL No. 287 of 2008

11Insertion of new pt 11, div 2

Part 11—
insert—

Division 2 Transitional provision for Collections (Notifications) Amendment Regulation 2019

45Particular applications for registration made before the commencement

(1)This section applies if, before the commencement—

(a)an application for registration as a charity was made; and

(b)notice of the application was given under former section 4(3); and

(c)the chief executive had not given the applicant a written notice under former section 4(7).

(2)Former part 2, division 1 continues to apply in relation to the application as if the Collections (Notifications) Amendment Regulation 2019 had not commenced.

(3)In this section—

former, in relation to a provision of this regulation, means the provision as in force from time to time before the commencement.