❓ Hon. Colin de Grussa questions the Minister for Commerce regarding the Charitable Collections Act 1946 and its applicability to crowdfunding, particularly concerning misuse and fines. The Minister confirms a review is planned but is subject to other priorities.
AnsweredQoN 919Legislative Council
QuestionView source ↗
ANIMAL ACTIVISM —
FINE PAYMENT
919. Hon COLIN de GRUSSA to the minister representing the
Minister for Commerce:
I refer to question without notice
141, asked in this place on 12 March, regarding the use of crowdfunding by
convicted criminals to pay for fines.
(1) Given the Charitable Collections Act was written in
1946 and never envisioned the use of the internet as a fundraising tool, will
the state government review and update the act to be more reflective of our
current society?
(2) As
crowdfunding currently falls outside the scope of the Charitable Collections
Act 1946, are there any penalties that would apply to people who misuse
crowdfunding platforms to obtain money from the Western Australian public
through false or misleading pretences?
FINE PAYMENT
919. Hon COLIN de GRUSSA to the minister representing the
Minister for Commerce:
I refer to question without notice
141, asked in this place on 12 March, regarding the use of crowdfunding by
convicted criminals to pay for fines.
(1) Given the Charitable Collections Act was written in
1946 and never envisioned the use of the internet as a fundraising tool, will
the state government review and update the act to be more reflective of our
current society?
(2) As
crowdfunding currently falls outside the scope of the Charitable Collections
Act 1946, are there any penalties that would apply to people who misuse
crowdfunding platforms to obtain money from the Western Australian public
through false or misleading pretences?
AnswerView source ↗
I thank the member for the question.
The Minister for Commerce has provided the following answer.
(1) A review of
the Charitable Collections Act 1946 is on the Department of Mines, Industry
Regulation and Safety's forward work program. A review will be
initiated upon completion of other business permits, and will consider the use
of the internet to raise money for charitable purposes.
(2) Crowdfunding
for personal benefit—for example, to raise funds to pay fines; as
referred to in question without notice 141—is outside the scope of the
Charitable Collections Act 1946. The example is also outside the scope of the
Australian Consumer Law, which applies to transactions that occur in trade or
commerce, so provisions under the ACL addressing false or misleading conduct
would not apply. The Criminal Code may apply if funds were obtained under false
pretences.
The Minister for Commerce has provided the following answer.
(1) A review of
the Charitable Collections Act 1946 is on the Department of Mines, Industry
Regulation and Safety's forward work program. A review will be
initiated upon completion of other business permits, and will consider the use
of the internet to raise money for charitable purposes.
(2) Crowdfunding
for personal benefit—for example, to raise funds to pay fines; as
referred to in question without notice 141—is outside the scope of the
Charitable Collections Act 1946. The example is also outside the scope of the
Australian Consumer Law, which applies to transactions that occur in trade or
commerce, so provisions under the ACL addressing false or misleading conduct
would not apply. The Criminal Code may apply if funds were obtained under false
pretences.
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