STREET COLLECTIONS (REGULATION) ACT 1940
Street Collections Regulations 1941
STREET COLLECTIONS (REGULATION) ACT 1940
Street Collections Regulations 1941
Western Australia
Street Collections Regulations 1941
Contents
1.Citation1
2.Interpretation1
3.Permits for collections1
4.Application for permit2
5.Form of permit2
6.Approved badges for collections2
7.Obstruction of streets2
8.Pole mounted box prohibited2
9.Collections to be over 16 years2
10.Collection boxes2
11.Collection boxes to display name of fund and date3
12.No payment to be made to collections or promoters3
13.Conditions on permits3
14.Auditor General may inspect books4
15.Pernalty4
Schedule
Notes
Compilation table10
Western Australia
STREET COLLECTIONS (REGULATION) ACT 1940
Street Collections Regulations 1941
These regulations may be cited as the Street Collections Regulations 1941.
In these regulations, subject to the context —
“Approved” means approved by the Chief Secretary;
“The Act” means the Street Collections (Regulation) Act 1940;
“Collector” means any person assisting or taking part in any collection; and, where any term which is defined in the said Act is used, such term shall have the same meaning as that given to it by the Act.
Permits for collections may be granted with respect to such days and dates (not exceeding forty in any year) as the Chief Secretary may decide. Notice of such days and dates shall be published in the Government Gazette and in such newspapers and publications as the Chief Secretary may determine. Permits for collections may also be granted for such other days and dates in any year as the Chief Secretary may decide and a like notice shall be given. Provided that the days and dates with respect to which permits for collections may be granted shall not exceed fifty in any one year.
Any person desiring to make a collection in any public street within the metropolitan area shall make application in writing to the Chief Secretary, in the Form No. 1 in the Appendix hereto.
Upon approval by the Chief Secretary a permit in the Form No. 2 in the Appendix hereto shall be issued to the person making the application.
6.Approved badges for collections
No person may assist or take part in any collection without the written authority, in the form of an approved badge, signed by the person to whom the permit has been granted. Every such person shall wear the badge in a conspicuous position and shall allow same to be inspected by any person authorised in that behalf by the Chief Secretary.
No collection shall be made in any part of the roadway of any public street, nor be made in any public street, to the obstruction or annoyance of any person in such public street.
No collector shall use a box or other receptacle at the end of a pole.
9.Collections to be over 16 years
No person under the age of 16 years shall act or be permitted to act as a collector.
Every collector shall carry and present to all contributors or purchasers for the reception of money contributions a box or other receptacle of approved type issued by the person to whom the permit has been granted, numbered and securely closed and sealed in such a way as to prevent the same being opened or the money extracted without such seal being broken, and into this box or other receptacle all money received shall be immediately placed. All such boxes or receptacles shall be numbered consecutively. Forthwith, after he has ceased collecting, every collector shall deliver his boxes or other receptacles, with the seals unbroken, to one of the persons authorised by the person to whom the permit has been granted as being responsible for the proper application of the money received.
11.Collection boxes to display name of fund and date
A collector shall not carry any collecting box which does not bear displayed prominently thereon the name of the fund for which the collection is being made, with the date of the collection.
12.No payment to be made to collections or promoters
No payment by way of reward shall be made or given to any collector. No payment or reward shall be made or given, either directly or indirectly, to any other person connected with the promotion or conduct of a collection for or in respect of services in connection therewith, except such payments as may be shown in the application made, in the Form No. 1 in the Appendix hereto before the permit for the collection is granted.
Conditions which are deemed to be attached to the grant of every permit are that, within fourteen days after the date of any collection, the person responsible therefor shall forward to the Chief Secretary a statement, in the Form No. 3 contained in the Appendix hereto, with vouchers certified by the person and audited by an auditor or other responsible person, showing in detail the amount received and the expenses incurred in connection with such collection, and shall, if required by the Chief Secretary, satisfy him as to the due and proper application of the proceeds of the collection. The person shall also, within the same period, and after the audit, publish in such newspaper or newspapers, as the Chief Secretary may direct, a short statement showing the name of the person responsible for the collection, the name of the fund which is to benefit, the date of the collection and the amount collected, the amount of the expenses and the amount distributed to the particular fund.
14.Auditor General may inspect books
(1)It is also an implied condition to the granting of every permit that the Auditor General, on receipt of a request from the Chief Secretary, is empowered to make such investigations and demand the production of such books or documents as he may consider necessary, and to report the result of such investigations to the Chief Secretary.
(2)Any person refusing or failing to comply with any request of the Auditor General pursuant to this regulation is deemed to have committed an offence against these regulations.
Any person who acts in contravention of any of the foregoing regulations is guilty of an offence and liable, on summary conviction, to a fine not exceeding twenty pounds.
Form No. 1
STREET COLLECTIONS (REGULATION) ACT 1940
(Section 5)
Application for Permission to Conduct a Street Collection within the
Metropolitan Area
The Chief Secretary, Perth.
I/We, hereby apply for a permit to conduct a street collection, subject to the provisions of the Street Collections (Regulation) Act 1940, and the regulations made thereunder, and submit the undermentioned information in support of my/our application.
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1.Name and address of Association, Society, or Committee in whose behalf application is made. |
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2.Name, address, and designation of Trustees. |
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3.Name, address, and designation of Secretary. |
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4.Name, address, and designation of Treasurer. |
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5.Name, address, and designation of Auditor. |
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6.Date and between what hours it is proposed to conduct collection. |
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7.Proposed area of operations |
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8.Approximate number of collectors. |
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9.Object or purpose for which it is proposed to raise funds. |
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10.Ratio of distribution, if for more than one object or purpose. |
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11.(a)Estimate of the amount of money which is required to be raised in order to carry out the proposed programme for the year. |
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(b)Other sources of income, excluding street appeals and the estimated collection therefrom, which are available to meet the year’s programme. |
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12.The amount of the cash and bank balance as at date of application. |
Cash. . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . _________ Total. . . . . . . . . . |
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13.Name of bankers. |
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14.Details of remuneration proposed to be paid in respect of services rendered in connection with the collection, stating rate of remuneration and to whom it is to be paid. |
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15.Date of previous street collection. Particulars of amount raised therefrom. |
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16.Any further information in support of application. |
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. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature and office of person or persons
making application.
Form No. 2No. . . . . . .
STREET COLLECTIONS (REGULATION) ACT, 1940
(Section 4)
Permit to Conduct a Street Collection
. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .is hereby granted permission, subject to the provisions contained in the Street Collections (Regulation) Act 1940, and the regulations made thereunder, to conduct a street collection between the hours of . . . . . . . . . . . .and . . . . . . . . . . . . and within the area of. . . . . . . . .. . . . . . . . . ., for the object or purpose of . . . . . . . . . . . . . . . . . .
Dated the day of194 .
Chief Secretary.
(See back hereof for conditions.)
(On back.)
Your attention is particularly directed to regulations 13, 14, and 15, reading as follows:
13.Conditions, which are deemed to be attached to the grant of every permit, are that, within fourteen days after the date of any collection, the person responsible therefor shall forward to the Chief Secretary a statement, in the Form No. 3 contained in the Appendix hereto, with vouchers certified by the person and audited by an auditor or other responsible person, showing in detail the amount received and the expenses incurred in connection with such collection, and shall if required by the Chief Secretary, satisfy him as to the due and proper application of the proceeds of the collection. The person shall also, within the same period, and after audit, publish in such newspaper or newspapers as the Chief Secretary may direct, a short statement showing the name of the person responsible for the collection, the name of the fund which is to benefit, the date of the collection and the amount collected, the amount of the expenses and the amount distributed to the particular fund.
14.(1)It is also an implied condition to the granting of every permit that the Auditor General, on receipt of a request from the Chief Secretary, is empowered to make such investigations and demand the production of such books or documents as he may consider necessary, and to report the result of such investigations to the Chief Secretary.
(2)Any person refusing or failing to comply with any request of the Auditor general pursuant to this regulation is deemed to have committed an offence against these regulations.
15.Any person who acts in contravention of any of the foregoing regulations is guilty of an offence and liable, on summary conviction, to a fine not exceeding twenty pounds.
Form 3
STREET COLLECTIONS (REGULATION) ACT 1940
Permit No. . . . . . . . . . .
Name of Association, Organisation of Committee: —
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Statement of Cash Receipts and Payments
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Receipts |
Payments
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To Gross proceeds of collection |
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By expenses — Salaries (if any) . . . . . . . Advertising . . . . . . . . . . Printing, stationery, postages, telegrams, and telephone. . . . . . . . . . . . Collection boxes . . . . . . . Sundries (give details) . . |
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Total . . . . . . By net proceeds devoted or remitted to* |
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Auditor's Certificate: —
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Signature of auditor
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Signature and designation of officer.
*Full particulars of the manner in which the proceeds have been disposed of are required. The receipt or acknowledgment given by the body or person receiving the amount should be attached to this statement.
This statement must be completed and forwarded to the Under Secretary, Chief Secretary's Department, Perth, within 14 days of the date of completion of collection for which the permit was granted, together with particulars of the publication of a statement of the collection in such newspaper or newspapers, as directed by the Chief Secretary, on the issue of the permit.
1This is a compilation of the Street Collections Regulations 1941 and includes the amendments referred to in the following Table.
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Citation |
Gazettal |
Commencement |
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Street Collections Regulations 1941 |
17 Jan 1941 pp.104‑6 |
17 Jan 1941 |
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These regulations were repealed by the Street Collections Regulations 1999 r. 14 as at 7 Dec 1999 (see Gazette 7 Dec 1999 p. 5993) |
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