Street Collections (Regulation) Act 1940

The Act is compact. Its core concepts are the regulated activity (collection), the geographic scope (metropolitan region and public street), the licensing regime (Ministerial permits), identification and control measures (badges, certificates, boxes), and enforcement via criminal penalties and regulations.

Collection, defined in s 2, is intentionally broad. It includes soliciting funds or contributions and the selling or offering for sale of buttons, badges, tokens or other similar things for the purpose of raising funds or contributions. The text therefore captures both direct solicitation and tokenised fundraising sales. Because the definition refers to purpose, activity that involves sales of tokens but not for fundraising may sit outside the definition; conversely, the definition covers both casual solicitations and formal street drives.

The geographic reach is set by two linked concepts. First, “metropolitan region” is a statutory term given its meaning by the Planning and Development Act 2005 s 4(1) (s 2). The Act therefore depends on an external statutory definition for scope. Second, “public street” in the Act is expanded beyond the ordinary sense to include doorways, lanes, spaces adjoining streets or roads, and land, public or private, used or capable of use by the public for pedestrian traffic (s 3(2)). That expansion brings many areas used by the public into the Act’s ambit even if they are privately owned.

The licensing regime is central. The Minister’s written permit is the device that authorises a collection within the metropolitan region (s 3(1)). Permits must be in the prescribed form and specify the object or purpose, the day, the hours and the area for the collection (s 4(1)). Collections must be confined to those specifications (s 4(2)). The Act places a quantitative constraint on overall permit availability: the aggregate number of days for which permits may be granted is capped at 50 in any one year (s 4(1)). Applications must be made in the prescribed manner and must provide details and any additional information the Minister requires or that may be prescribed (s 5).

Identification and conduct of collectors are regulated chiefly through the Governor’s power to make regulations. Regulations can require use and control of prescribed badges and certificates of authority and can govern their issue, custody, production and return (s 7(1)(a)). Criminal offences target unauthorised display or use of prescribed badges or certificates, and badges or documents that closely resemble prescribed credentials and are calculated to deceive (s 6). Regulations may also require collection boxes and receptacles, prohibit payment or reward to collectors, bar persons below a prescribed age from collecting, and prevent annoyance, nuisance and obstruction in public streets (s 7(1)(b)-(e)).

Administrative discretion and procedural architecture are also important. The Act places decisionmaking with the Minister, but expressly allows delegation of Ministerial functions except the delegation power itself (s 6A(1)). A delegate’s action is legally treated as action by the Minister (s 6A(2)), and a person acting under a delegation is presumed to have acted within the delegated terms unless the contrary is shown (s 6A(3)). The Governor’s regulations fill in operational detail and may create additional penalty arrangements (s 7(1)-(2)).

Penalties are fixed in the primary text for the most significant offences: an unauthorised collection and unauthorised or deceptive use of prescribed badges or certificates attract fines of $5 000 (ss 3(1), 6). Regulations may impose penalties not exceeding a fine of $2 000 for breaches of the regulations themselves (s 7(2)). The Act therefore combines primary statutory offences with delegated regulatory offences.

Finally, the Act has been amended multiple times with the most recent consolidation points recorded in the compilation table. It retains a short list of operative provisions and leaves much of the day-to-day control to delegated regulations.

The Act applies to persons as broadly defined in s 2. “Person” expressly includes associations, societies, committees and any combination of those forms. That definition brings incorporated and unincorporated bodies within the Act’s reach alongside individuals. Any entity or individual wishing to solicit funds, sell tokens for fundraising, or otherwise carry out a collection within the metropolitan region is directly affected (s 2; s 3(1)).

Collectors and organisations engaged in fundraising are the immediate regulated parties. They must obtain a written permit from the Minister to lawfully undertake a collection in a public street within the metropolitan region, and comply with any conditions attached to the permit and with applicable regulations (s 3(1)). The Act also captures those who display or use prescribed badges or certificates: unauthorised use or deceptive imitation is an offence (s 6). Where regulations prohibit payment or reward to collectors (s 7(1)(e)), organisations that typically pay fundraisers must alter compensation practices if the regulation is made.

The Minister and delegates are statutory actors with decisionmaking responsibility under the Act. The Minister grants permits (s 4(1)), may require additional information from applicants (s 5) and can delegate the Minister’s functions to other persons except the delegation power itself (s 6A(1)). Delegates’ actions are treated as actions by the Minister (s 6A(2)), and a person purporting to act under a delegation is presumed to do so lawfully unless the contrary is shown (s 6A(3)). The Governor is a secondary actor with the regulatory power to make rules governing the manner of collections and the conduct of collectors, including specific requirements for badges, age limits for collectors, prevention of nuisance, and receptacles for collections (s 7(1)).

Members of the public who use streets or places are affected indirectly. The Act authorises regulations to prevent annoyance, nuisance and obstruction to members of the public using public streets or places (s 7(1)(c)). Moreover, the Act’s definition of public street expressly brings private land used by the public for pedestrian traffic within the Act’s regulatory field (s 3(2)). Owners and occupiers of private land that is used by the public for pedestrian traffic therefore need to be aware that collections on their land may be captured.

Local authorities and law enforcement are not named in the Act as enforcement bodies. The text prescribes offences and penalties but does not specify which agency enforces the law. This omission means that enforcement activity will likely be carried out under general enforcement mechanisms available in the broader legal system, but the Act itself does not nominate a responsible enforcement body.

Finally, the Act affects providers of tokens and paraphernalia used for fundraising. The definition of collection includes selling or offering for sale of buttons, badges and tokens (s 2), and regulations may regulate prescribed collection boxes and receptacles (s 7(1)(d)), the issue and custody of badges (s 7(1)(a)), and the prohibition of payment to collectors (s 7(1)(e)). Suppliers of such items and organisations that manage their distribution must therefore comply with any regulations made under the Act.

The Act sets out a small number of mandatory duties, authorises regulatory duties, and confers certain rights on the Minister that translate into conditional rights for applicants.

Principal statutory duties

• Do not conduct a street collection in the metropolitan region without a written permit from the Minister and compliance with permit conditions and regulations. The prohibition is absolute in form and breaches attract a monetary penalty (s 3(1)). The duty applies to all “persons” as defined in s 2.
• Conduct collections only on the day, between the hours, and within the area specified in the permit. Collections outside those specifications are expressly prohibited (s 4(2)).
• Applicants must make permit applications in the prescribed manner and specify the purpose and locality of the collection. They must also provide any additional information the Minister requires or that may be prescribed (s 5). This creates a procedural duty to supply information to obtain authorisation.

Identification and conduct duties arising from regulations

• The Governor may make regulations requiring the use, issue, custody, production and return of prescribed badges and certificates of authority (s 7(1)(a)). If such regulations exist, collectors will have duties to possess and produce prescribed identification in the manner required.
• Regulations may prohibit persons below a prescribed age from acting as collectors (s 7(1)(b)). Organisations must therefore ensure that those they deploy meet any age requirements imposed by regulation.
• Regulations may prevent annoyance, nuisance and obstruction to members of the public and set standards for collection boxes and receptacles (s 7(1)(c)-(d)). Collectors and organisers will have duties to avoid causing such effects and to use prescribed receptacles where required.
• Regulations may prohibit payment or reward to any collector (s 7(1)(e)). If regulations prohibit remuneration, organisations must not pay collectors.

Offence-specific duties

• Do not display or use a prescribed badge or certificate in connection with a collection unless you hold that badge or certificate for the purposes of that collection pursuant to regulations (s 6(a)).
• Do not display or use a badge, device or document that closely resembles a prescribed badge or certificate so as to be calculated to deceive (s 6(b)). Breaches of either limb are offences attracting a fine (s 6).

Delegation and evidential duty aspects

• The Minister may delegate functions except the power of delegation itself, and delegates’ actions are treated as the Minister’s (s 6A(1)-(2)). The Act creates an evidential presumption in favour of the delegate’s authority: a person purporting to act under a delegation is presumed to have acted in accordance with its terms unless the contrary is shown (s 6A(3)). This shifts the practical burden in disputes over authority.

Rights and discretions

• The Minister has the discretionary right to grant permits and to attach conditions (s 4(1); s 3(1)). The Act does not prescribe criteria to constrain that discretion.
• Applicants have the right to apply for a permit in the prescribed manner and, if granted, to rely on the permit for lawful activity within the specified day, hours and area and subject to any conditions (s 4(1)-(2); s 5).
• The Governor has the power to make regulations to flesh out operational requirements for collections (s 7(1)). The existence of regulations will convert the Governor’s delegated policy choices into mandatory duties for collectors.

Penalties and their scope

• The primary statutory penalties are: a fine of $5 000 for conducting an unauthorised collection (s 3(1)), and a fine of $5 000 for unauthorised or deceptive use of badges or certificates (s 6). Regulations can add further offences with penalties up to $2 000 (s 7(2)). These are monetary fines set in the statute and delegated legislation.

Summary of interaction between duties and rights

Organisations and individuals wishing to fundraise on the metropolitan region’s public streets must follow an imposed administrative regime: apply in the prescribed manner, secure a written permit from the Minister or an authorised delegate, comply with permit conditions and the regulations governing badges, collectors’ age, receptacles and conduct, and confine activity strictly to the time, date and place authorised. The Act provides statutory protection for lawful collectors by exempting those who hold and display proper credentials from the general prohibition, while also creating criminal sanctions for those who act without lawful authorisation or who use deceptive credentials.

The Act sets out specific monetary penalties in the principal text and authorises delegated penalties in regulations. Enforcement mechanisms, however, are not specified in the Act itself.

Statutory penalties

• Unauthorised collection: Conducting a collection in a public street within the metropolitan region without a written permit from the Minister and without complying with permit conditions and regulations is an offence that attracts a fine of $5 000 (s 3(1)). The text frames the prohibition as absolute in circumstances falling within the statutory definition.
• Unauthorised or deceptive badges/certificates: Displaying or using a prescribed badge or certificate of authority not held for that collection, or a badge or document so nearly resembling prescribed credentials as to be calculated to deceive, is an offence that attracts a fine of $5 000 (s 6).

Regulatory penalties

• The Governor may make regulations and any regulation may impose a penalty not exceeding a fine of $2 000 for breaches of the regulation (s 7(2)). This allows delegated rules to create additional offences and penalties within that monetary limit. The range of potential regulatory offences is broad, as the regulations may address identification, age of collectors, nuisance and obstructions, collection boxes, payments to collectors and other procedural matters (s 7(1)).

Enforcement apparatus and gaps

• The Act does not name a specific enforcement agency, inspectorate, or public officer tasked with investigation, prosecution, or execution of the penalties. The text focuses on the creation of offences and penalties but leaves practical enforcement unspecified. This absence may mean enforcement is undertaken under general criminal enforcement powers by police or prosecuting authorities, or by administrative enforcement mechanisms provided elsewhere, but the Act itself does not designate an enforcing authority. Practitioners should therefore check the accompanying regulations and administrative arrangements to identify which agency administers permits and enforces compliance in practice.
• The Minister issues permits but the Act does not expressly state whether the Minister or another body is responsible for monitoring compliance or initiating prosecutions for breaches of the Act or regulations. That practical gap is material for organisations planning compliance and for advisers who must know where to obtain permits and how infractions are discovered and pursued.

Delegation implications for enforcement

• The Minister may delegate functions to other persons except the power of delegation itself (s 6A(1)). Performance by the delegate is treated as performance by the Minister (s 6A(2)) and a person purporting to act under a delegation is presumed to have acted in accordance with its terms unless the contrary is shown (s 6A(3)). Those clauses affect evidential and procedural aspects of enforcement and challenge: where a permit is issued by a delegate or an enforcement action is taken by a delegate, the Act treats that action as the Minister’s and creates a presumption in favour of the delegate’s authority. Defendants or regulated parties who allege the delegate exceeded authority must introduce evidence to show the contrary.

Penalty quantum and calibration

• The statutory fines (both $5 000 penalties) are fixed sums specified in the Act for the two principal offences. Regulations may impose smaller penalties, capped at $2 000. The Act therefore allocates higher penalties to the core statutory prohibitions and leaves lighter or administrative penalty exposure to delegated regulations. Advisers should note the numerical values as they frame risk assessment for organisations and individuals involved in street collections.

Procedural remedies and notices

• The Act does not provide for administrative reviews, appeal rights, or specific remedial notices related to breaches or to permit refusals in the statutory text provided. The lack of express statutory appeal or review procedures means procedural rights may exist under general administrative law or be provided for in regulations or in the administrative practices of the Minister’s office. Practitioners should look to the prescribed application processes and any regulations for procedural protections or internal review mechanisms.

The Act is compact and expressly links to at least one other statute for a foundational definition. Beyond that explicit cross-reference, the Act leaves many interactions to be determined in practice, especially through the regulations and the administration of permits.

Statutory cross-reference on geographic scope

• The Act defines “metropolitan region” by reference to the Planning and Development Act 2005 s 4(1) (s 2). This means whether a particular location falls within the Act’s geographic scope depends on the definition provided in that external statute. Practitioners must consult the Planning and Development Act and any maps or instruments that define the metropolitan region to determine whether the Act applies to a proposed collection location.

Delegated law and regulatory interaction

• Section 7 empowers the Governor to make regulations “not inconsistent with this Act” to carry out the Act’s provisions and to regulate the manner in which collections may be made and the conduct of persons in relation to such collections. Regulations can address badges, certificates, age limits for collectors, prevention of nuisance and obstruction, collection boxes, and prohibition of payment or reward to collectors (s 7(1)(a)-(e)). Because regulations are delegated legislation, they must be read alongside the Act. Regulatory rules may interact with other statutory regimes governing public order, traffic, health, safety, or local government by imposing additional procedural or conduct requirements. The Act itself does not list those other regimes, so the nature of interaction must be checked in the regulations and in other applicable laws.

Administrative law

• The Minister’s discretionary power to grant permits and attach conditions (s 4(1); s 3(1)) will be subject to general principles of administrative law even though the Act does not set decision criteria. That means judicial review principles, natural justice and reasonableness constraints may apply to permit decisions in the broader legal system, but the Act does not itself supply procedural protections or an appeal mechanism. Practitioners should therefore expect that standard public law remedies may be relevant, and should consult any regulations for procedural detail.

Criminal law and prosecutions

• The Act creates offences and specifies fines. Prosecutions for offences under the Act will proceed under the jurisdictional rules applicable to offences in Western Australia. The Act does not identify prosecuting authorities or enforcement agencies, so enforcement will likely proceed via general criminal process, by police or by authorised prosecutorial agencies under other applicable statutes or administrative arrangements. Practitioners should therefore map how the Act’s offences are investigated and prosecuted in practice, including whether local government officers or Ministerial delegates have enforcement powers under the regulations.

Private law implications

• The Act’s expansion of “public street” to include private land used by the public for pedestrian traffic (s 3(2)) could interact with private property arrangements. Landowners whose property is used by the public may need to be aware that collections on that land can fall within the Act’s remit. The Act does not address private contractual arrangements between organisers and landowners or convey immunity for landowners who host collections. Liability or indemnity in private law contexts will therefore be governed by general contract and tort principles, subject to the Act’s regulatory overlay.

Regulatory amendments and historical acts

• The compilation table lists amending Acts and dates (see compilation table). These amending statutes are part of the Act’s legislative history and may have consequences for how the Act operates relative to other legal instruments enacted contemporaneously. Practitioners should consult the compilation table and the current consolidated text when assessing interactions.

In short, the Act’s explicit statutory interaction is limited to importing the definition of metropolitan region from the Planning and Development Act 2005. Other intersections with administrative law, criminal procedure, private law or local government controls flow from the Act’s permit, offence and regulation-making architecture rather than from express cross-references. Determining practical interactions will therefore require reviewing the regulations made under this Act and the operational arrangements of the Minister’s office.

The Act as presented contains its own amendment annotations and a compilation table documenting the sequences of amendments and relevant commencement dates. The compilation table and marginal notes in the sections identify the amending Acts and where they affected the text.

Key amendment entries recorded in the Act

• The original Street Collections (Regulation) Act 1940, 55 of 1940, received assent and commenced on 20 December 1940 (compilation table).
• The Decimal Currency Act 1965, 113 of 1965, is recorded in the compilation table as an amendment to the Act. The table provides commencement details for parts of that amending Act. The marginal note to s 7 records an amendment in 1965 (No. 113 of 1965 s. 8(1)).
• The Sentencing Legislation Amendment and Repeal Act 2003, s 96, 50 of 2003, and the Statutes (Repeals and Minor Amendments) Act 2003, s 113, 74 of 2003, appear in the compilation table and as section amendment annotations in the substantive text. The Statutes (Repeals and Minor Amendments) Act 2003 amendments are annotated against ss 2, 3, 4 and 5 and the insertion of s 6A (No. 74 of 2003 s. 113). The Sentencing Legislation Amendment and Repeal Act 2003 is recorded in the compilation table with a commencement date of 15 May 2004 for operative provisions, but the table should be consulted for precise section-level commencement.
• The Courts Legislation Amendment and Repeal Act 2004 appears in the compilation table as No. 59 of 2004 with a commencement date of 1 May 2005 for certain provisions. The compilation table records that No. 59 of 2005 s. 141 deleted a provision or otherwise amended the Act; the Act’s marginal notes record deletion of section 9 in 2005 (No. 59 of 2005 s. 141).
• The Consumer Protection Legislation Amendment Act 2019, Pt. 11, No. 25 of 2019, amended the Act with a commencement date of 1 January 2020 for the relevant provisions. The Act’s marginal notes show multiple s 25 of 2019 amendments across s 2, s 3, s 6 and s 7 and the deletion of s 8 (No. 25 of 2019). The compilation table records the 2019 amending Act’s assent date as 24 October 2019 and commencement as 1 January 2020.

Textual amendments visible in the current consolidated text

• Section 2 shows amendment annotations: No. 74 of 2003 s. 113(2); No. 25 of 2019 s. 90.
• Section 3 shows amendments annotated No. 74 of 2003 s. 113(3); No. 25 of 2019 s. 91, which correspond to the definitions and the expansion of “public street” at s 3(2).
• Section 4 is annotated as amended by No. 74 of 2003 s. 113(4), which preserved the permit formality and specified the aggregate cap on permit days.
• Section 5 records amendment by No. 74 of 2003 s. 113(5), confirming that applications must be in the prescribed manner and specifying required information.
• Section 6 is annotated as amended by No. 25 of 2019 s. 92.
• Section 6A was inserted by No. 74 of 2003 s. 113(6), creating the delegation regime that treats delegate actions as Ministerial actions and creates a presumption of valid delegation compliance.
• Section 7’s marginal note records amendments by No. 113 of 1965 s. 8(1) and No. 25 of 2019 s. 93. Section 7(2) contains the delegated penalty cap not exceeding $2 000.

Deletions

• Sections 8 and 9 are recorded as deleted. Section 8 was deleted by No. 25 of 2019 s. 94 and section 9 was deleted by No. 59 of 2005 s. 141. The current consolidated text therefore contains only the sections reproduced above.

Practical consequence of the amendment history

• The amendments listed in the compilation table and annotations show that the Act has been modernised and adjusted at various times. The insertion of s 6A in 2003 formalised delegation arrangements, while the 2019 amendments updated language and penalties and removed obsolete sections. The compilation table lists commencement dates for each amending statute and notes where the Act has been reprinted. Practitioners should consult the current consolidated text and the compilation table to trace when particular changes took effect.

The compilation table reproduces dates, Act numbers and commencement entries that are authoritative for the Act’s textual history as recorded in the consolidated document. For any detailed historical analysis beyond the entries shown in the compilation table, one must consult the listed amending statutes and the Government Gazette notices for specific commencement proclamations.

The Act’s text and the accompanying compilation notes do not record any judicial decisions or litigation history. The legislative compilation provided lists only the Act’s text, amendments and repeals, and contains no references to case law, reported decisions or judicial interpretation.

Implications for practitioners

• Absence of recorded cases in the Act does not mean the Act has never been litigated. The consolidated text here contains no judicial annotations or citations. Lawyers and advisers seeking precedent-based guidance on interpretation issues such as the scope of “metropolitan region”, the meaning of “aggregate number of days” in s 4(1), the limits of the Minister’s discretion, or the evidential effects of s 6A(3) must therefore search external case law databases and court reports for decisions that interpret this Act. The Act itself does not supply case references.
• Several textual features of the Act are candidate points for litigation or judicial review, even though no cases are recorded here. Those features include the Minister’s broad discretion to grant permits and attach conditions (s 3(1); s 4(1)), the aggregate cap of 50 days (s 4(1)) and its operational application, the expansion of “public street” to capture private land used by the public (s 3(2)), and the evidential presumption in the delegation provision (s 6A(3)). Any litigation concerning these points would turn on statutory interpretation principles, administrative law standards and the facts of the particular case, but such litigation is not recorded in the present text.
• Where questions of administrative fairness, reasonableness or jurisdiction have been raised in other statutory contexts, analogous principles may be relevant to this Act. However, without recorded litigation specific to the Act, there is no authoritative on-point jurisprudence included in the document to cite.

Recommended practice for litigators

• Before framing litigation strategy or advice, check primary court databases and the law reports for decisions that involve the Street Collections (Regulation) Act 1940. Also examine administrative records and any ministerial guidelines or published permit registers that may show how the Minister has exercised discretions under the Act.
• Consider judicial review avenues for adverse permit decisions, refusal to grant a permit, or enforcement action, recognising that the Act does not itself prescribe review or appeal mechanisms. Claims would therefore be articulated under general administrative law principles if required.

In short, the Act as supplied contains no litigation history. Practitioners must undertake independent legal research to discover whether courts have interpreted or applied its provisions.

The Act’s brief text contains several provisions and silences that create practical traps for organisations, advisers and collectors if overlooked. These are points that commonly give rise to non-obvious compliance risk.

Geographic scope depends on an external definition

• The Act applies to collections in the “metropolitan region”, a term defined by reference to the Planning and Development Act 2005 s 4(1) (s 2). Whether a proposed collection location is within the Act’s ambit therefore depends on an external statutory definition or instruments under that Act. Failing to check that external definition can result in an erroneous conclusion about whether a permit is required.

Public street includes private land used by the public

• The statutory expansion of “public street” to include private land used or capable of use by the public for pedestrian traffic brings many locations that appear private into the regulatory fold (s 3(2)). Organisers who obtain private property owners’ permission but do not obtain a Ministerial permit may still breach the Act where the land is used by the public.

Strict confines of permits

• Permits must specify the day, hours and area for the collection and collections are limited to those specifications (s 4(1)-(2)). Collecting even a few minutes outside the authorised hours or moving slightly outside the authorised area risks exposure to the $5 000 fine under s 3(1). The Act does not provide an express tolerance margin.

Aggregate cap on permit days

• The Act imposes an aggregate limit that “the aggregate number of days in respect of which such permits may be granted shall not exceed 50 in any one year” (s 4(1)). That phrase applies to permits the Minister may grant, and practitioners should not assume that a single organisation can obtain more than its practical share of those 50 days without careful allocation by the Minister. The Act does not specify allocation mechanics or priority, leaving such choices to Ministerial discretion or to regulations or administrative practice if provided.

Procedural compliance and prescribed manner

• Applications must be made in the prescribed manner and must specify purpose and locality, and applicants must furnish additional information the Minister requires or that may be prescribed (s 5). Failure to follow the prescribed form or to supply required additional information can lead to refusal or delay. Practitioners should obtain and follow the prescribed application form and guidance.

Badges, certificates and deceptive imitations

• The Act criminalises use of badges or certificates not held for the relevant collection, and use of badges or documents that are nearly identical to prescribed credentials and calculated to deceive (s 6). Organisations must ensure that any badges and certificates used are those issued under regulations and that third parties do not produce lookalike paraphernalia.

Payment and age restrictions might be imposed by regulation

• The Governor may make regulations prohibiting payment or reward to any collector and for prohibiting persons below a prescribed age from acting as collectors (s 7(1)(b), (e)). Even if an organisation has a long-standing practice of paying fundraisers or using young volunteers, a regulation prohibiting those practices would render them unlawful. Do not assume historic practices remain lawful in the absence of checking current regulations.

Delegation evidential presumption

• Section 6A(3) states that a person purporting to act under a delegation is taken to have acted in accordance with the terms of the delegation unless the contrary is shown. Practically, this shifts the evidentiary burden in disputes: regulated parties and defendants challenging a delegate’s authority will need evidence to overturn the presumption. Conversely, persons relying on a delegate’s apparent authority should nevertheless obtain documentary proof of delegation to minimise later disputes.

No enforcement agency named

• The Act creates offences but does not specify which body enforces them. This creates practical uncertainty about where to lodge concerns, how enforcement actions are initiated, and from whom to seek guidance. Practitioners should identify the Ministerial office responsible for issuing permits and the agency handling enforcement in practice.

Regulations may add new obligations and penalties

• The Governor’s regulations can add many operational requirements and impose penalties up to $2 000 for breaches of the regulations (s 7(2)). Organisations must check the current regulations as they may impose obligations not contained in the primary Act and create additional penalty exposure.

Deleted provisions

• Sections 8 and 9 were deleted by later amendments (as recorded). The absence of those provisions may remove previously available powers or defences. Relying on earlier practices without confirming the current text risks non-compliance.

Summary of practical “gotchas”

• Verify whether the location is within the “metropolitan region” under the Planning and Development Act.
• Check whether the location is “public street” as defined in the Act even if it is privately owned.
• Do not assume permissive practice. Obtain a written permit for the specified day, hours and area and comply strictly with conditions.
• Be aware of the 50-day aggregate cap and the Minister’s discretion in allocating permit days.
• Obtain and retain documentary evidence of badges, certificates and any delegation under which permits or enforcement actions are taken.
• Check current regulations for additional prohibitions such as payment to collectors or age limits.
• Confirm the enforcement agency and administrative procedures in practice, since the Act does not itself name them.

The Act establishes a clear procedural path to lawful street collections within the metropolitan region. Compliance requires following the statutory application process, securing a Ministerial permit, adhering to permit specifications, and following regulations if they exist.

Step 1: Determine whether the Act applies to your proposed activity and location

• Confirm whether the proposed activity falls within the Act’s definition of “collection” (s 2). Collections include soliciting funds or contributions and selling or offering for sale buttons, badges, tokens or similar things for the purpose of raising funds or contributions. If the activity falls outside this purposive description, the Act may not apply.
• Confirm whether the proposed site is within the metropolitan region as defined in the Planning and Development Act 2005 s 4(1), which is the statutory source for the term in s 2 of this Act. Also confirm whether the site is a “public street” as expanded by s 3(2), which includes private land used by the public for pedestrian traffic. If the location is within the metropolitan region and within the “public street” definition, the Act’s permit requirement will apply.

Step 2: Prepare the application in the prescribed manner

• Applications must be made to the Minister in the prescribed manner and must specify the purpose of the collection and the locality within which the collection is to be made (s 5). Provide all information requested on the prescribed form and be ready to furnish any additional information the Minister may require or that may be prescribed. Failure to supply required information risks refusal or delay.
• Check whether the regulations prescribe particular documentation or authorisations to accompany an application. The Act permits the Minister to require additional information (s 5).

Step 3: Obtain a written permit and understand the permit’s terms

• Do not commence collecting until you have a written permit from the Minister or an authorised delegate (s 3(1); s 6A(1)-(2)). The permit must be in the prescribed form and must specify the object or purpose, the day, the hours and the area for the collection (s 4(1)).
• Be aware of the statutory aggregate cap of 50 permit days in any one year. Terms of the permit and the availability of dates may therefore be constrained by the aggregate cap (s 4(1)). If your organisation seeks multiple days or recurring events, plan applications in light of this cap and in consultation with the Minister’s office.

Step 4: Comply strictly with permit conditions and statutory restrictions

• Conduct collections only on the authorised day, within the authorised hours and in the authorised area (s 4(2)). The Act does not provide for de minimis deviations.
• Comply with any conditions attached to the permit by the Minister (s 3(1)). Those conditions form part of the authorisation and breaches may expose you to criminal sanction.

Step 5: Comply with regulations concerning badges, certificates, collectors and receptacles

• If regulations require the use and custody of prescribed badges and certificates of authority, ensure each collector has the required credentials for that collection and that badges are produced, used and returned in accordance with regulation and with any permit conditions (s 7(1)(a); s 6). Avoid any display or use of badges or certificates not issued for that collection and avoid any paraphernalia that resembles prescribed badges or certificates so closely that it could deceive (s 6).
• Check whether regulations prohibit payment to collectors or establish age limits for collectors and ensure your organisation’s practices comply (s 7(1)(b), (e)). If regulations prohibit payment, reconfigure compensation models for fundraisers accordingly.
• Use prescribed collection boxes or receptacles if required by regulation and ensure they are managed according to regulatory rules (s 7(1)(d)).

Step 6: Maintain documentary records and delegation evidence

• Retain copies of permits, badges, certificates and any documentary evidence of delegation if a permit is issued or enforced by a delegate (s 6A(1)-(3)). Section 6A(3) creates a presumption that a person purporting to act under a delegation acted in accordance with its terms unless the contrary is shown. Having clear documentary records reduces dispute risk.

Step 7: Check enforcement, regulatory updates and permit availability

• The Act does not name an enforcement agency. Identify the Ministerial office administering permits and the agency handling enforcement and compliance in practice before staging collections. This is critical for timely compliance and for responding to inquiries or enforcement actions.
• Review the current regulations regularly. The Governor’s regulations may add or change requirements and may impose penalties up to $2 000 for breaches of the regulations (s 7(2)). Make compliance with the regulations part of your standard operating checklist.

Step 8: Risk management and contingency planning

• Plan for the cap on aggregate permit days. If you need multiple days across many groups or a recurring annual presence, coordinate with other organisations and with the Minister’s office to avoid allocation conflicts.
• Ensure volunteers and staff understand the permit’s restrictions and the physical boundaries of permitted collection areas so that inadvertent incursions outside permitted zones are minimised.
• Prepare to produce identification and documentation on request, and ensure that any badges or certificates issued for the collection are securely stored and returned to the issuing authority where required.

Step 9: Seek legal or administrative advice where needed

• If the Minister refuses a permit, attaches onerous conditions, or there is uncertainty about whether the Act applies to a particular site, seek legal advice promptly. Although the Act does not provide internal appeal routes within its text, remedies under general administrative law may be available.
• Where the application involves novel factual questions, for example whether a privately owned shopping arcade is “capable of use by the public for pedestrian traffic” under s 3(2), obtain legal guidance before allocating resources to a collection.

Following these steps, and confirming the current form of regulations and administrative arrangements, will put an organiser in the position required by the Act to lawfully conduct street collections within the metropolitan region.