Street Collections Regulations 1999

The central concept is the “permit” - a written grant from the Minister that authorises a street collection. A “permit holder” is the person or entity to whom that permit is granted (regulation 2). The permit is the legal gateway; without it, any collection in a public street is prima facie unlawful under the Act. The regulations define “collector” implicitly as anyone taking part in the collection on behalf of the permit holder. The “collection” itself is not defined in the regulations, but the Act (section 3) presumably covers the soliciting or receiving of money in a public street. The “collection box” is a crucial artefact: it must be a box, tin, or other receptacle that can securely hold money, must not be fixed to a pole or designed to be held beyond the collector’s reach, must be sealed so it cannot be opened without breaking the seal, and must display the beneficiary’s name and the collection date. The sealing requirement is designed to prevent theft or diversion of funds before they reach the permit holder, but it also imposes a tangible cost: each collection requires new seals or boxes, and the permit holder must number every box consecutively and maintain a record of which box went to which collector (regulation 7(3)). The “identification badge” must bear the permit holder’s name, not the collector’s own name, and must be worn conspicuously (regulation 5). This shifts the reputational signal from the individual collector to the organisation behind the collection, reducing the risk of rogue collectors trading on false charity names. The “authorise” concept is formal: it means authorise in writing (regulation 2). Verbal authorisation by the Minister or permit holder is insufficient for any situation where written authorisation is specified, such as allowing under-16 collectors (regulation 6). The “Commissioner” is the Commissioner for Consumer Protection (see the notes at the end of the compilation), who under regulation 12 becomes an investigator upon the Minister’s request. The “pay” concept in regulation 11 is broad: it includes giving any benefit or reward, whether directly or indirectly. This catches non-cash perks such as free meals, transport, or gift vouchers given to volunteers or promoters, unless the permit explicitly allows them. The “obstruction” prohibition (regulation 9) is vague: a collector must not “obstruct a public street” or “annoy any person using a public street”. “Annoy” is a subjective standard that could expose collectors to liability for behaviour that is merely irritating. The “modified penalty” of $400 under regulation 14(2) is a fixed-sum infringement notice amount for an Act offence, not a court-imposed fine; it is a mechanism to avoid prosecution by paying a sum. The forms in Schedule 3 are prescribed for infringement notices and withdrawals, standardising the enforcement process.

The regulations directly affect three groups: permit holders, collectors, and enforcement officials. Permit holders are typically charities, community groups, churches, schools, or other non-profit organisations that seek to raise funds by soliciting donations on public streets in Western Australia. The regulations impose administrative burdens on these entities: they must apply for a permit using a form approved by the Minister, source and prepare collection boxes that comply with the sealing and labelling requirements, maintain a record of box numbers and their assignment to collectors, ensure each collector wears the correct identification badge, and within 30 days of the collection submit a signed financial return to the Minister. For a small, voluntary organisation with limited resources, these steps represent a real cost. The need to purchase or make sealed boxes, the record-keeping requirement, and the deadline for the return all consume volunteer time and may deter smaller groups from conducting street collections. Larger, well-established charities with dedicated compliance staff will find these requirements manageable and may even welcome them as barriers to entry for less professional competitors. Collectors are the individuals who physically stand on the street with a collection box. The regulations affect them in several ways: they must be at least 16 unless the Minister has given written authorisation (regulation 6). This rule restricts the use of young volunteers in fundraising. Collectors must wear an identification badge showing the permit holder’s name (regulation 5). They must follow strict procedural rules: offering the box to potential donors, immediately depositing any cash given directly, and never opening or breaking the seal on a box (regulation 8). They must not obstruct the street or annoy anyone (regulation 9). These rules reduce the discretion of the collector and make the collection more passive - the collector cannot actively solicit in a way that might annoy passers-by, cannot accept money outside the box, and cannot handle cash directly. This reduces the risk of theft but also makes the collection process less personal and potentially less effective. Members of the public are affected as potential donors: they are presented with a sealed, labelled box and must insert their own money. They can verify the permit holder’s name on the badge and on the box. However, the regulations do not create any private right for donors to inspect permits or to request additional information. The enforcement officials affected are the Commissioner for Consumer Protection (who investigates upon the Minister’s request), authorised officers appointed by the Commissioner (who can issue infringement notices), and the Minister (who grants permits, receives returns, and can request investigations). The Commissioner can direct any person to produce documents for an investigation (regulation 12(3)), which gives the state a coercive information-gathering power without a warrant. The Department of Mines, Industry Regulation and Safety is the administrative body handling infringement payments and permit applications.

The primary duties fall on the permit holder and the collector. The permit holder’s duties are layered and begin before the collection takes place. They must apply for a permit (regulation 3). They must ensure that no collector is under 16 unless the Minister has given written authorisation - a strict duty with no room for mistake (regulation 6). They must provide each collector with one or more collection boxes that comply with the sealing, labelling, and numbering requirements (regulation 7). They must consecutively number all boxes and maintain a record of which boxes were issued to which collector (regulation 7(3)). During the collection, the permit holder must not pay any collector, promoter, or assistant unless the permit itself authorises that payment (regulation 11). The “pay” definition catches not only cash but any benefit or reward, so providing free lunch or transport to volunteers could be a breach unless the permit explicitly permits it. After the collection, the permit holder must, within 30 days, give the Minister a signed written statement setting out the amount collected, the expenses incurred, and the amount distributed (or to be distributed) to each beneficiary (regulation 10). This is a strict deadline with no extension mechanism provided. The collector’s duties are also detailed. They must wear the identification badge conspicuously at all times while taking part in the collection (regulation 5(1)). They must allow an authorised person to inspect the badge on request (regulation 5(2)). When a person wishes to contribute, the collector must offer a collection box so the donor can put the money in (regulation 8(1)). If the donor gives money directly to the collector, the collector must immediately put it into the box (regulation 8(2)). The collector must not open or break the seal on a box (regulation 8(3)). After finishing collecting, the collector must give all boxes to the permit holder or an authorised person (regulation 8(4)). While collecting, the collector must not obstruct a public street or annoy any person (regulation 9). These duties are mechanically precise and leave little room for variation. The collector has no right to use a personal collection can, to accept money outside the box, or to engage in aggressive fundraising tactics. The rights created by the regulations are limited. A potential permit holder has a right to apply for a permit, but nothing in the regulations guarantees approval. The Minister’s discretion seems unfettered, and the regulations do not specify grounds for refusal or an appeals process. A collector has no independent right to collect; they derive their authority solely from the permit holder and the permit. A person directed by the Commissioner to produce documents under regulation 12(3) must comply - they have no explicit right to challenge the direction before complying, though they could potentially challenge its validity later. A person who receives an infringement notice has a right to pay the modified penalty within 28 days to avoid prosecution, or to elect to have the matter dealt with by a court (as indicated on Form 1). They also have a right to apply for an extension of time to pay.

Enforcement under the regulations operates on two tracks: a low-level penalty for regulatory breaches and a higher modified penalty for Act-based offences. Regulation 13 creates a general offence: a person who fails to comply with any regulation commits an offence punishable by a penalty of $40. This is a trivial sum even by historical standards; the 1999 original penalty was likely $40 at inception and has not been updated for inflation. The practical effect is that this penalty serves as a symbolic deterrent rather than a serious financial threat. It covers offences such as failing to wear an identification badge, failing to seal a box correctly, failing to submit the return within 30 days, or allowing an under-16 collector without authorisation. The $40 penalty is not subject to the infringement notice regime in regulation 14; it would ordinarily be prosecuted as a simple offence in court, which would itself cost more to enforce than the penalty recovers. This suggests that actual prosecutions for regulatory breaches are rare or non-existent, and that the regulations rely more on the threat of permit revocation or administrative pressure than on fines.

The second track is more significant. Regulation 14 provides that an offence under section 3(1) of the Act - which is the substantive prohibition on conducting a street collection without a permit - is an offence for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004. The modified penalty for that offence is set at $400 (regulation 14(2)). This is ten times the regulatory penalty, but still modest compared to typical corporate fines. The infringement notice allows the alleged offender to avoid prosecution by paying the $400 within 28 days. The Form 1 in Schedule 3 sets out the payment methods (cheque or money order to the Approved Officer, or in-person payment at the Department of Mines, Industry Regulation and Safety). If the recipient does not pay and does not elect court, enforcement action can be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994, which can result in driver’s licence suspension, vehicle licence suspension, immobilisation of the vehicle, garnishment of earnings or bank accounts, and seizure and sale of property. This is a powerful enforcement backstop even for a relatively small sum. The Commissioner may appoint authorised officers or approved officers for the purposes of issuing infringement notices (regulation 14(3)). These officers must be issued a certificate, badge or identity card (regulation 14(4)). The regulations also prescribe the form for withdrawal of an infringement notice (Form 2), which includes a refund mechanism if the modified penalty was already paid. The Commissioner also has an investigative role under regulation 12: upon the Minister’s request, the Commissioner must make all investigations considered appropriate and report to the Minister. The Commissioner may direct any person to produce specified documents, and the person must comply (regulation 12(3)). There is no explicit penalty for non-compliance with such a direction, but the general offence under regulation 13 would presumably apply, resulting in the $40 fine. Alternatively, the Commissioner could seek a court order for production, but the regulations do not provide for that. The overall enforcement scheme is thus weak for regulatory breaches but moderately effective for unpermitted collections via the infringement notice regime.

The regulations explicitly reference several other statutes. The most important is the Street Collections (Regulation) Act 1940, which is the enabling Act. The regulations are made under that Act and must be read as a supplement to it. The Act itself is not reproduced in the source, but it presumably contains the definition of “street collection”, the power to grant permits, and the offence in section 3(1) referenced in regulation 14(1). The interaction is hierarchical: the regulations cannot expand beyond the Act’s scope. For example, if the Act defines “street” narrowly, the regulations’ reference to “public street” in regulation 9 must be consistent. The regulations define “Commissioner” by reference to the Fair Trading Act 2010 (regulation 2). This means the Commissioner for Consumer Protection, whose powers and identity are governed by that Act. The Fair Trading Act also likely governs the Commissioner’s investigative powers generally, but regulation 12 creates a specific, separate power to direct document production in the context of a street collection investigation. The notes to the compilation state that as at the time of compilation, the designated Commissioner is the Commissioner for Consumer Protection. The Criminal Procedure Act 2004 is referenced in regulation 14 for the infringement notice mechanism. Part 2 of that Act sets out the standard procedure for infringement notices in Western Australia, including service, payment, withdrawal, and enforcement. The regulations adopt that standard framework, with the modified penalty of $400 set by regulation 14(2) rather than by the Criminal Procedure Act itself. The Fines, Penalties and Infringement Notices Enforcement Act 1994 is referenced on the infringement notice form (Form 1) as the law under which enforcement action can be taken if the modified penalty is not paid. That Act provides for the serious consequences listed on the form (licence suspension, garnishment, etc.). The regulations do not create any interaction with the Charitable Collections Act 1946 (if it exists) or other fundraising regulation. In Western Australia, street collections are separately regulated from door-to-door or other collections. There is no interaction with local government by-laws mentioned, but in practice, a street collection permit under the Act may also require permission from the local council to occupy a footpath, especially if the collector is stationary. The regulations do not address this coordination gap. The regulations also do not interact with competition law or trade practices law, although misleading or deceptive conduct in fundraising would remain subject to the Australian Consumer Law (as part of the Fair Trading Act 2010) independently of these regulations. The interaction with the general criminal law is minimal: the obstruction offence in regulation 9 overlaps with common law nuisance or traffic offences, but the regulation provides a lower-threshold alternative (annoying someone is not a crime elsewhere). The parent Act likely defines “public street” by reference to the Act’s section 3, which may refer to the Local Government Act or the Main Roads Act. The key takeaway is that the regulations do not operate in a vacuum, but they create a self-contained regulatory scheme that relies on other Acts only for definitional and procedural support.

The Street Collections Regulations 1999 were originally gazetted on 7 December 1999 and commenced on the same day. The first major amendment came via the Street Collections Amendment Regulations 2006, gazetted on 22 September 2006. That amendment inserted regulation 14 (infringement notices) and regulation 15 (forms), and added Schedule 3 containing Form 1 and Form 2. It also amended regulation 2 to add the definition of “Commissioner” by reference to the Fair Trading Act 2010, though that Act was not yet in force at that time (the note indicates the person designated as Commissioner was known as the Commissioner for Consumer Protection). A second amendment in 2006 (No. 2), gazetted on 12 January 2007, amended regulation 12 to change the reference from “Commissioner for Consumer Affairs” to “Commissioner under the Fair Trading Act 2010”. This was a mechanical update to align with the new Act. The next amendment came in 2013 (Street Collections Amendment Regulations 2013), gazetted on 20 August 2013, which amended the infringement notice form (Form 1) to update the payment address and add the Department of Mines, Industry Regulation and Safety as the administering body. The most significant structural amendment was the Commerce and Industrial Relations Regulations Amendment (Administration) Regulations 2018, Part 4, gazetted on 2 October 2018 and commencing 3 October 2018. This amendment replaced the definition of “Commissioner” in regulation 2 to refer to the Fair Trading Act 2010 directly, and updated the Minister’s request power in regulation 12(1). It also amended the infringement notice form to update department names. The Consumer Protection Regulations Amendment Regulations 2019, Part 7, gazetted on 24 December 2019 and commencing 1 January 2020, amended Schedule 1 (Form of permit) to update the permit form and deleted Schedule 2 (which had previously contained the application form). This suggests that the application form is no longer prescribed in the regulations but is instead approved by the Minister (as regulation 3 already said). The 2020 Commerce Regulations Amendment (Infringement Notices) Regulations 2020, Part 26, gazetted 25 September 2020 and commencing 29 September 2020, made minor amendments to the infringement notice forms, updating the address and administrative references. The compilation table shows that the regulations have been reprinted once (Reprint 1 as at 2 February 2007). The amendment history shows a pattern of administrative modernisation: updating names of departments and officers, aligning with new Acts, and refining the infringement notice process. The penalty amounts ($40 and $400) have never been increased, suggesting either that they are considered adequate or that the regulations are a low priority for legislative reform. The deletion of Schedule 2 is notable: it removed the prescribed application form, leaving the form to be determined by the Minister, which gives the executive more flexibility but reduces transparency about what is required.

The source text contains no reference to any court cases. The regulations themselves do not cite any judicial decisions, and the compilation table does not list any court rulings as part of the legislative history. The notes at the end of the compilation are purely about the Commissioner’s designation and defined terms. This suggests that the Street Collections Regulations 1999 have not been the subject of reported litigation in Western Australia. Given the low penalties and the modest scope of the regulations, it is plausible that disputes are resolved administratively - for example, by the Minister refusing or revoking a permit, or by an infringement notice being paid without challenge. The offence penalty of $40 is so low that it would rarely justify the cost of defending a prosecution, and the $400 modified penalty for an unpermitted collection is also modest. Even if a person elected to go to court, the case would likely be heard in the Magistrates Court, and the decision might not be reported. The lack of litigation means that key interpretive questions remain untested. For instance, the phrase “annoy any person” in regulation 9 has never been judicially defined. The breadth of “pay” in regulation 11 - covering indirect benefits and rewards - has not been tested in court to determine whether, say, providing a volunteer with a free sandwich counts as a benefit. The interplay between the Act and the regulations regarding the definition of “street” is also unsettled. The absence of litigation is itself notable: it suggests that the regulatory regime is either well-understood and complied with, or that the enforcement is so lax that it rarely triggers formal legal challenges. Given the very low penalties, the latter explanation is more likely. The regulations operate as a paper regime with minimal enforcement teeth, meaning that any litigation would be more about principle than economic consequence. The Minister’s discretion to grant or refuse a permit is also unchallenged; there is no administrative law right of review mentioned in the regulations, so any permit refusal could theoretically be challenged under the Judicial Review Act, but no reported case is known.

Several provisions contain traps for the unwary. First, the definition of “authorise” in regulation 2 means “authorise in writing”. Any verbal permission from the Minister is legally ineffective. This is critical for regulation 6, which allows under-16 collectors only if authorised by the Minister. The permit holder who relies on a phone call or email without a formal written authorisation is in breach, even if the Minister later confirms the conversation. Second, the sealing requirement in regulation 7(2)(c) is strict: the collection box must be “securely closed and sealed so that it cannot be opened or money removed from it without the seal being broken”. If a seal is faulty and a collector can open the box without breaking it, the permit holder is in breach. Using a simple sticker as a seal may not satisfy “securely closed and sealed”. Third, the numbering and record-keeping requirement in regulation 7(3) is easily overlooked. Every box must be consecutively numbered, and the permit holder must keep a record of which boxes were issued to each collector. If a box goes missing, the permit holder may not be able to prove compliance, and the absence of a record could itself be an offence. Fourth, the 30-day return deadline in regulation 10 is absolute. There is no provision for extensions, even if the permit holder cannot obtain the final distribution figures within that time. Late filing is an offence, even if the delay is due to factors outside the permit holder’s control. Fifth, the prohibition on paying collectors, promoters, or assistants in regulation 11 is extremely broad. “Pay” includes giving any benefit or reward, even indirectly. This means that covering a volunteer’s parking costs, providing a free lunch, or offering a gift voucher as a thank-you could all be a breach if the permit does not authorise such payment. The permit must explicitly authorise the type and amount of payment. Many permit holders may not check whether the standard permit form (Schedule 1) includes any payment authorisation; it appears not to, as the schedule is a blank form with only name, date, and time. Sixth, the obstruction rule in regulation 9 is vague. “Obstruct a public street” could be interpreted broadly: standing in one place for too long, using a table, or having a large sign could be argued to be an obstruction. “Annoy any person” is entirely subjective; a collector who engages in persistent asking could be annoying even if not aggressive. There is no defence of having a permit. Seventh, the infringement notice in regulation 14 applies only to an Act offence (section 3(1)). But the regulations themselves create offences under regulation 13 with a $40 penalty. Those $40 offences are not subject to the infringement notice regime, so a collector caught without a badge cannot simply pay a fixed fine; they would have to be prosecuted in court. In practice, enforcement officers may not bother, but the legal distinction matters. Eighth, the Commissioner’s power to direct document production under regulation 12(3) has no explicit privilege protection. A person directed to produce documents must comply; there is no stated right to claim legal professional privilege or to withhold documents on the ground of self-incrimination. This could be constitutionally challengeable, but the $40 penalty for non-compliance is so low that it may not be worth contesting. Ninth, the permit form in Schedule 1 is limited to the “metropolitan region”. If a collection takes place outside that region, the permit may be invalid, and the permit holder could face a section 3(1) offence. The regulations do not define the metropolitan region. Tenth, the minimum age rule in regulation 6 applies to “collectors”. If a person under 16 is counting money or carrying boxes but not actively soliciting, they may not be a “collector” - a literal reading of the term, but the regulations do not define “collector”, creating ambiguity. The safest approach is to treat any person handling collection boxes as a collector.

For an organisation planning a street collection in Western Australia, the first step is to obtain the permit. Application must be made to the Minister using a form approved by the Minister (regulation 3). The form is no longer prescribed in the regulations (Schedule 2 was deleted in 2019), so the permit holder should contact the Department of Mines, Industry Regulation and Safety to request the current approved form. The permit, once granted, will be in the form set out in Schedule 1: it will name the permit holder, specify the date and time window for the collection, and state that it is valid in the metropolitan region. Ensure the collection date and times match the permit. If the collection is outside the metropolitan area, ask the Minister whether a single permit covers the whole state, or seek clarification; the regulations do not provide for regional permits, but the Act may. Next, check regulation 11: does the permit authorise any payment to collectors or promoters? The Schedule 1 form does not appear to include such authorisation, but the actual permit issued by the Minister might have additional text. If no payment is authorised, the permit holder must not pay any person any benefit or reward for collecting, promoting, or assisting. This includes cash, vouchers, free meals, transport reimbursement, or any other non-cash benefit. If the organisation wants to pay collectors (e.g., for a professional fundraising campaign), it must ensure the permit expressly authorises such payment. Then, prepare the collection boxes. Each box must be a receptacle capable of securely holding money (regulation 7(2)(a)). It must not be fixed to a pole or designed to be held beyond the collector’s reach (regulation 7(2)(b)). It must be securely closed and sealed so that it cannot be opened or money removed without breaking the seal (regulation 7(2)(c)). The seal could be a tamper-evident sticker or a physical lock. The box must prominently display the name of the person or persons for whom the collection is being made (the beneficiary) and the date of the collection (regulation 7(2)(d)). The permit holder must consecutively number all boxes and keep a written record of which box number was issued to which collector (regulation 7(3)). This record should be retained after the collection. Each collector must be provided with an identification badge that bears the name of the permit holder (regulation 5(1)). The badge must be worn in a conspicuous place at all times while taking part in the collection. Collectors must be at least 16 years old. If any collector is under 16, the permit holder must have obtained written authorisation from the Minister before the collection (regulation 6). That authorisation must be in writing; a verbal agreement is insufficient. On the day of the collection, brief all collectors on the procedures. When a person indicates a desire to contribute, the collector must offer the collection box so the donor can place the contribution into the box (regulation 8(1)). If a donor hands money directly to the collector, the collector must immediately put it into a collection box (regulation 8(2)). The collector must never open or break the seal on a box (regulation 8(3)). Collectors must not obstruct the public street or annoy any person (regulation 9). This means no blocking footpaths, no following people, and no loud or persistent solicitation. After the collection ends, collectors must return all boxes to the permit holder or an authorised person (regulation 8(4)). The permit holder then has 30 days from the date of the collection to prepare and deliver to the Minister a written statement, signed by the permit holder, setting out: the total amount collected, the expenses incurred in carrying out the collection, and the amount that has been or is to be distributed to each beneficiary (regulation 10). This statement should be accurate and supported by receipts. If the Minister or Commissioner requests an investigation, the permit holder and collectors must cooperate, including producing any documents specified by the Commissioner (regulation 12). Finally, ensure that no payment is made to any person for being a collector or for promoting or assisting with the collection unless the permit authorises it (regulation 11). If the permit does authorise payment, ensure that the payments are within the scope of the authorisation. Keep records of all payments made and all compliance steps. If an infringement notice is issued, the permit holder or collector may pay the modified penalty within 28 days or elect to have the matter dealt with by a court (as per Form 1). To ensure ongoing compliance, consider conducting a mock collection beforehand to test procedures, and maintain a compliance checklist for each collection.