{"id":"street-collections-regulation-act-1940","name":"Street Collections (Regulation) Act 1940","slug":"street-collections-regulation-act-1940","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110434,"registerId":"wa-street-collections-regulation-act-1940-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Street Collections (Regulation) Act 1940","content":"![Crest]()Western Australia\n\nStreet Collections (Regulation) Act 1940\n\nWestern Australia\n\nStreet Collections (Regulation) Act 1940\n\nContents\n\n1. Short title 1\n\n2. Interpretation 1\n\n3. No collection in metropolitan region except by permission of Minister 1\n\n4. Permit as prescribed may be granted 2\n\n5. Applications for permits to be made in the prescribed manner 2\n\n6. Unauthorised use of badges, etc. 3\n\n6A. Delegation 3\n\n7. Governor may make regulations 4\n\nNotes\n\nCompilation table 5\n\nDefined terms\n\n  \n\nWestern Australia\n\nStreet Collections (Regulation) Act 1940\n\nAn Act to regulate street collections.\n\n##### 1. Short title\n\nThis Act may be cited as the *Street Collections (Regulation) Act 1940*.\n\n##### 2. Interpretation\n\nIn this Act, unless inconsistent with the context or subject matter —\n\n  Collection includes the soliciting of funds or contributions and the selling or offering for sale of any button, badge, token, or other similar thing for the purpose of raising funds or contributions;\n\nmetropolitan region has the meaning given by the *Planning and Development Act 2005* section 4(1);\n\n  Person includes association, society, or committee and any combination thereof.\n\n[Section 2 amended: No. 74 of 2003 s. 113(2); No. 25 of 2019 s. 90.]\n\n##### 3. No collection in metropolitan region except by permission of Minister\n\n(1) It shall not be lawful for any person to make a collection in any public street within the metropolitan region unless authorised by permit in writing from the Minister and unless the conditions (if any) attached by the Minister to such permit and the provisions of the regulations made in that behalf are complied with.\n\nPenalty for this subsection: a fine of $5 000.\n\n(2) For the purposes of this section the words public street in addition to the ordinary meaning assigned to them include any doorway opening lane or space adjoining or adjacent to any street or road, and also land (whether public or private) used or capable of use by the public for pedestrian traffic.\n\n[Section 3 amended: No. 74 of 2003 s. 113(3); No. 25 of 2019 s. 91.]\n\n##### 4. Permit as prescribed may be granted\n\n(1) The Minister may grant a permit in the form prescribed to any person to make a collection for the object or purpose, on the day, between the hours, and within the area specified respectively in such permit: Provided that the aggregate number of days in respect of which such permits may be granted shall not exceed 50 in any one year.\n\n(2) No collection shall be made except upon the day, between the hours, and within the area specified in the permit.\n\n[Section 4 amended: No. 74 of 2003 s. 113(4).]\n\n##### 5. Applications for permits to be made in the prescribed manner\n\nApplications for permits shall be made to the Minister in the prescribed manner, specifying the purpose of the collection, and the locality within which, the collection is to be made. Applicants shall furnish any additional information which the Minister may require or which may be prescribed.\n\n[Section 5 amended: No. 74 of 2003 s. 113(5).]\n\n##### 6. Unauthorised use of badges, etc.\n\nIf any person in connection with any collection displays or uses —\n\n(a) a prescribed badge or prescribed certificate of authority not being a badge or certificate for the time being held by him for the purposes of the collection pursuant to regulations made under this Act; or\n\n(b) any badge or device or any certificate or other document so nearly resembling a prescribed badge or, as the case may be, a prescribed certificate of authority as to be calculated to deceive,\n\nhe shall be guilty of an offence.\n\nPenalty: a fine of $5 000.\n\n[Section 6 amended: No. 25 of 2019 s. 92.]\n\n##### 6A. Delegation\n\n(1) The Minister may, either generally or as provided by the instrument of delegation, delegate to any person any of the Minister’s functions under this Act except this power of delegation.\n\n(2) Performance of a function by a delegate is to be treated as performance by the Minister.\n\n(3) A person purporting to act under this section as a delegate is taken to have acted in accordance with the terms of the delegation unless the contrary is shown.\n\n[Section 6A inserted: No. 74 of 2003 s. 113(6).]\n\n##### 7. Governor may make regulations\n\n(1) The Governor may make any regulations not inconsistent with this Act which may be necessary or convenient for carrying out any of the provisions of this Act, or for better effecting the objects of this Act, and for regulating the manner in which collections may be made and the conduct of persons in relation to such collections, and in particular —\n\n(a) for requiring and regulating the use by collectors of prescribed badges and certificates of authority, and the issue, custody, production and return thereof;\n\n(b) for prohibiting persons below a prescribed age from acting and others from causing them to act as collectors;\n\n(c) for preventing annoyance, nuisance, and obstruction to members of the public using public streets or places;\n\n(d) for requiring and regulating the use by collectors of prescribed collection boxes and receptacles;\n\n(e) for prohibiting payment or reward to any collector.\n\n(2) Any regulation may impose a penalty not exceeding a fine of $2 000 for any breach of such regulation.\n\n[Section 7 amended: No. 113 of 1965 s. 8(1); No. 25 of 2019 s. 93.]\n\n[**8.** Deleted: No. 25 of 2019 s. 94.]\n\n[**9.** Deleted: No. 59 of 2005 s. 141.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Street Collections (Regulation) Act 1940* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Street Collections (Regulation) Act 1940* | 55 of 1940 | 20 Dec 1940 | 20 Dec 1940 |\n| *Decimal Currency Act 1965* | 113 of 1965 | 21 Dec 1965 | s. 4-9: 14 Feb 1966 (see s. 2(2));   balance: 21 Dec 1965 (see s. 2(1)) |\n| *Sentencing Legislation Amendment and Repeal Act 2003* s. 96 | 50 of 2003 | 9 Jul 2003 | 15May 2004 (see s. 2 and *Gazette* 14 May 2004 p. 1445) |\n| *Statutes (Repeals and Minor Amendments) Act 2003* s. 113 | 74 of 2003 | 15 Dec 2003 | 15 Dec 2003 (see s. 2) |\n| **Reprint 1: The *Street Collections (Regulation) Act 1940* as at 13 Aug 2004** (includes amendments listed above) | | | |\n| *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) |\n| *Consumer Protection Legislation Amendment Act 2019* Pt. 11 | 25 of 2019 | 24 Oct 2019 | 1 Jan 2020 (see s. 2(b) and *Gazette* 24 Dec 2019 p. 4415) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCollection 2\n\nmetropolitan region 2\n\nPerson 2\n\npublic street 3(2)\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of regulating street fundraising in the metropolitan region. While it has been modernised through amendments (updating currency references, adding delegation powers, removing obsolete provisions), it has not expanded beyond regulating public street collections. The 2003 amendments added a delegation provision (section 6A) and updated definitions, while 2019 amendments removed spent provisions, but these were housekeeping changes rather than scope expansion."},"complexity_factors":["Only 7 operative sections (excluding deleted sections 8 and 9)","Just 3 defined terms in the interpretation section (Collection, metropolitan region, Person)","Simple conditional structure: permit required → conditions attached → penalties for breach","Minimal cross-referencing (only references to Planning and Development Act 2005 for 'metropolitan region' definition)","No nested exceptions or complex procedural requirements in the primary legislation (delegated to regulations)","Straightforward penalty structure: fixed fines ($5,000 for offences, $2,000 for regulation breaches)"],"plain_english_summary":"This Western Australian law controls fundraising activities that happen in public streets and spaces, specifically within the Perth metropolitan area.\n\n**What it does:**\n- **Requires permits**: Anyone wanting to collect money (or sell badges/tokens for fundraising) in a public street in the metropolitan region must get written permission from the Minister first.\n- **Sets limits**: The Minister can only grant permits for up to 50 days total per year for any single organisation or person. Permits specify exactly when, where, and for what purpose the collection can happen.\n- **Prevents fraud**: It's illegal to use official-looking badges or certificates unless they're genuine and issued under this Act. This stops scammers from pretending to collect for charity.\n- **Allows rule-making**: The Governor can create detailed regulations about how collections must be run—including requiring official badges, setting minimum ages for collectors, banning payments to collectors, and preventing nuisance to the public.\n\n**Who it affects:**\n- Charities, community groups, and any organisation wanting to do doorknocks, street appeals, or sell merchandise in public for fundraising in Perth.\n- The general public (protected from harassment and fraudulent collectors).\n\n**Why it matters:**\nWithout this law, streets could be flooded with competing fundraisers causing obstruction and confusion. The permit system ensures legitimate causes can fundraise while protecting donors from scams and preventing public spaces from becoming chaotic."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not retrievable. No comparison between original intent and current provisions can be made."},"complexity_factors":["Legislative content was entirely unavailable — only a 404-style error page was retrieved","No substantive legal text could be analysed","Complexity score reflects lack of available content, not the inherent complexity of the Act itself","The Act's title and age (1940) suggest it may be a relatively straightforward regulatory scheme, but this cannot be confirmed without the text"],"plain_english_summary":"The Street Collections (Regulation) Act 1940 likely governs fundraising in public spaces in Western Australia: requiring permits or licences, setting rules on who, where and when collections may occur, protecting the public from fraudulent or unauthorised collections, and imposing penalties for breaches. It primarily affects charities, community groups and individuals seeking to raise money from the public."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s scope has been altered by later amendments: a delegation power was added (s 6A, inserted 2003), definitions were updated (s 2 now references the Planning and Development Act 2005 for 'metropolitan region'), penalties and procedural details have been revised by successive amending Acts, and sections 8 and 9 were deleted (see compilation table and amendments). These changes expand administrative discretion, modify geographic and definitional coverage, and remove earlier provisions, so current operation differs from the original 1940 text."},"complexity_factors":["Ministerial discretion to grant permits and attach conditions (ss 3, 4, 5) creates administrative decision-making and potential variability in outcomes","Permit limits: aggregate cap of 50 permit-days per year (s 4(1)) introduces allocation and scheduling constraints","Criminal penalties differ by source: $5,000 for unauthorised collection and misuse of badges (ss 3(1), 6) versus regulation breaches up to $2,000 (s 7(2))","Delegation of Ministerial functions to others with legal effect (s 6A) layers administrative responsibility","Regulations power is broad and prescriptive (s 7), covering badges, collection boxes, age limits, payout to collectors and public order, requiring subordinate rules","Definitions and scope reference external law for 'metropolitan region' (s 2), adding cross-legislative reading and potential interpretive complexity","Wide statutory definitions of 'collection' and 'public street' (ss 2, 3(2)) broaden coverage and create uncertainty about edge cases","Historical amendments and deletions (compilation table; deleted ss 8 and 9) mean the Act’s current scope differs from earlier versions and requires attention to amendments"],"plain_english_summary":"This Act makes it illegal to hold street fundraising in the metropolitan region without a written permit from the Minister; permits specify the day, hours and area and the total permit days are capped at 50 per year. It sets offences and fines for unauthorised collections and misuse of badges, and lets the Governor make detailed regulations on how collections must be conducted. It affects charities, societies and individuals who solicit in public streets, who must apply, comply with permit conditions and face administrative discretion and fines if they do not."}},"importantCases":[],"_links":{"self":"/api/acts/street-collections-regulation-act-1940","history":"/api/acts/street-collections-regulation-act-1940/history","analysis":"/api/acts/street-collections-regulation-act-1940/analysis","conflicts":"/api/acts/street-collections-regulation-act-1940/conflicts","importantCases":"/api/acts/street-collections-regulation-act-1940/important-cases","documents":"/api/acts/street-collections-regulation-act-1940/documents"}}