|
|
|
Reprinted under the Reprints Act 1984 as at 2 February 2007 |
||
Western Australia
Street Collections Regulations 1999
CONTENTS
1.Citation1
2.Terms used in these regulations1
3.Application for permit1
4.Form of permit1
5.Identification badges1
6.Minimum age for collectors1
7.Collection boxes1
8.Making a collection1
9.Obstruction1
10.Collection returns1
11.Collectors, promoters etc. not to be paid1
12.Investigation by Commissioner 1
13.Offence1
14.Infringement notices1
15.Forms1
Schedule 1 — Form of permit
Schedule 2 — Prescribed offences and modified penalties
Schedule 3 — Forms
Form 1 — Infringement notice1
Form 2 — Withdrawal of infringement notice1
Notes
Compilation table1
|
|
|
Reprinted under the Reprints Act 1984 as at 2 February 2007 |
||
Western Australia
Street Collections (Regulation) Act 1940
Street Collections Regulations 1999
2.
In these regulations —
authorise means authorise in writing;
Commissioner 2 has the same meaning as it has in the Consumer Affairs Act 1971;
permit means a permit under section 4 of the Act;
permit holder means a person to whom a permit has been granted.
[Regulation 2 amended in Gazette 22 Sep 2006 p. 4134.]
An application for a permit is to be in a form approved by the Minister.
A permit is to be in the form set out in Schedule 1.
(1)A collector must wear an identification badge bearing the name of the permit holder in a conspicuous place at all times while taking part in a collection.
(2)A collector must allow a person authorised by the Minister to inspect the collector’s identification badge on request.
A permit holder must not allow a person who is under 16 to be a collector unless authorised by the Minister to do so.
(1)A permit holder must provide one or more collection boxes to each collector.
(2)A collection box —
(a)may be a box, tin, or other receptacle capable of securely holding money;
(b)must not be fixed to a pole or otherwise designed to be held beyond the reach of the collector;
(c)must be securely closed and sealed so that it cannot be opened or money removed from it without the seal being broken; and
(d)must have prominently displayed on it —
(i)the name of the person or persons for whom the collection is being made; and
(ii)the date of the collection.
(3)A permit holder must consecutively number all of the permit holder’s collection boxes and keep a record of which boxes are issued to each collector.
(1)If a person wishes to contribute to a collection a collector must offer a collection box to the person so the person can put the contribution into the box.
(2)If a person gives a contribution to the collector the collector must immediately put it into a collection box.
(3)A collector must not open or break the seal on a collection box.
(4)A collector who has finished collecting is to give all the collector’s collection boxes to the permit holder or a person authorised by the permit holder to receive collection boxes.
While taking part in a collection a collector must not obstruct a public street (as defined in section 3 of the Act) or annoy any person using a public street.
Within 30 days after the date of a collection a permit holder must give to the Minister a written statement, signed by the permit holder, setting out —
(a)the amount collected;
(b)the expenses incurred in carrying out the collection; and
(c)the amount that has been, or is to be, distributed to each of the persons for whom the collection was made.
11.Collectors, promoters etc. not to be paid
(1)A person must not pay —
(a)a person for being a collector; or
(b)any other person for promoting or otherwise assisting with a collection,
unless the permit authorises that payment.
(2)In subregulation (1) —
pay includes give, whether directly or indirectly, any benefit or reward.
12.Investigation by Commissioner
(1)The Minister may request the Commissioner 2 under the Consumer Affairs Act 1971 to investigate a collection.
(2)On receipt of a request the Commissioner 2 is to —
(a)make all investigations the Commissioner 2 considers appropriate; and
(b)report the result of the investigations to the Minister.
(3)For the purpose of subregulation (2) the Commissioner 2 may direct a person to produce any documents specified in the direction and the person must comply with that direction.
[Regulation 12 amended in Gazette 12 Jan 2007 p. 49.]
A person who fails to comply with these regulations commits an offence.
Penalty: $40.
(1)The offences specified in Schedule 2 are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.
(2)The modified penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence for the purposes of section 5(3) of the Criminal Procedure Act 2004.
(3)The Commissioner 2 may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of Part 2 of the Criminal Procedure Act 2004.
(4)The Commissioner 2 is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
[Regulation 14 inserted in Gazette 22 Sep 2006 p. 4134.]
The forms set out in Schedule 3 are prescribed in relation to the matters specified in those forms.
[Regulation 15 inserted in Gazette 22 Sep 2006 p. 4134.]
[r. 4]
Street Collections (Regulation) Act 1940
Permit to conduct a Street Collection
|
||||
(Name) |
||||
has permission under the Street Collections (Regulation) Act 1940 to conduct a street collection in the Perth metropolitan area. |
||||
The street collection may be carried out — |
||||
on (date) |
|
|
||
|
|
|||
between |
a.m. /p.m. |
and |
a.m. /p.m. |
|
Signature of Minister |
||||
|
||||
|
|
Date |
|
|
Schedule 2 — Prescribed offences and modified penalties
[r. 14]
[Heading inserted in Gazette 22 Sep 2006 p. 4134.]
|
Modified penalty |
|
s. 3(1), 8 |
Unauthorised person making collection in public street ............................................................. |
|
s. 4(2), 8 |
Making collection in public street outside permitted times or permitted area ........................... |
|
[Schedule 2 inserted in Gazette 22 Sep 2006 p. 4134.]
[r. 15]
[Heading inserted in Gazette 22 Sep 2006 p. 4135.]
Infringement notices |
Infringement |
|
Alleged offender |
Name:Family name |
|
Given names |
||
orCompany name ____________________________________ ACN |
||
Address ________________________________________________ Postcode |
||
Alleged offence |
Description of offence _____________________________________
|
|
Street Collections (Regulation) Act 1940 s. |
||
Date //20Time a.m./p.m. |
||
Modified penalty $ |
||
Officer issuing notice |
Name |
|
Signature |
||
Office |
||
Date |
Date of notice //20 |
|
Notice to alleged offender |
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice. How to pay By post: Send a cheque or money order (payable to ‘Approved Officer — Street Collections (Regulation) Act 1940’) to: Approved Officer — Street Collections (Regulation) Act 1940 Department of Consumer and Employment Protection Locked Bag 14 Cloisters Square Perth WA 6850 In person: Pay the cashier at: Department of Consumer and Employment Protection |
|
|
If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act your driver’s licence and/or vehicle licence may be suspended. If you need more time to pay the modified penalty, you can apply for an extension of time by writing to the Approved Officer at the above postal address. If you want this matter to be dealt with by prosecution in court, sign here _______________________________________ |
|
[Form 1 inserted in Gazette 22 Sep 2006 p. 4135.]
Form 2 — Withdrawal of infringement notice
Street Collections (Regulation) Act 1940 Withdrawal of infringement notice |
Withdrawal no. |
|
Alleged offender |
Name:Family name |
|
Given names |
||
orCompany name _____________________________________ ACN |
||
Address _________________________________________________ Postcode |
||
Infringement notice |
Infringement notice no. |
|
Date of issue //20 |
||
Alleged offence |
Description of offence ____________________________________
|
|
Street Collections (Regulation) Act 1940 s. |
||
Date //20Timea.m./p.m. |
||
Officer withdrawing notice |
Name |
|
Signature |
||
Office |
||
Date |
Date of withdrawal //20 |
|
Withdrawal of infringement notice
[*delete |
The above infringement notice issued against you has been withdrawn. If you have already paid the modified penalty for the alleged offence you are entitled to a refund. *Your refund is enclosed. or *If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to: Approved Officer — Street Collections (Regulation) Act 1940 Department of Consumer and Employment Protection Locked Bag 14 Cloisters Square Perth WA 6850 Signature//20 |
|
[Form 2 inserted in Gazette 22 Sep 2006 p. 4135‑6.]
1This reprint is a compilation as at 2 February 2007 of the Street Collections Regulations 1999 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
Citation |
Gazettal |
Commencement |
Street Collections Regulations 1999 |
7 Dec 1999 p. 5991‑4 |
7 Dec 1999 |
Street Collections Amendment Regulations 2006 |
22 Sep 2006 p. 4133‑6 |
22 Sep 2006 (see r. 2(a)) |
Street Collections Amendment Regulations (No. 2) 2006 |
12 Jan 2007 p. 49 |
12 Jan 2007 |
Reprint 1: The Street Collections Regulations 1999 as at 2 Feb 2007 (includes amendments listed above) |
||
2As at the time of this reprint the person designated as the Commissioner for the purposes of the Act is known as the Commissioner for Consumer Protection (see Gazette 18 August 2006 p. 3372).