Statute Details
- Title: House to House and Street Collections (Composition of Offences) Regulations 2005
- Act Code: HHSCA1947-RG2
- Legislative Type: Subsidiary Legislation (SL)
- Authorising Act: House to House and Street Collections Act 1947 (notably section 5)
- Key Legislative Link: Criminal Procedure Code 2010 (composition of offences framework)
- Current Status: Current version as at 27 Mar 2026 (with 2025 Revised Edition dated 2 Jun 2025)
- Original Citation: SL 656/2005 (14 Oct 2005)
- Revised Editions: 2009 RevEd (15 Dec 2009); 2025 RevEd (2 Jun 2025)
- Key Provisions (from extract): Regulation 2 (Compoundable offences)
What Is This Legislation About?
The House to House and Street Collections (Composition of Offences) Regulations 2005 (“the Composition Regulations”) create a practical enforcement mechanism for certain offences under the House to House and Street Collections Act 1947 (“the Act”) and related regulations. In plain terms, the Regulations allow the Commissioner of Police to “compound” specified offences—meaning the alleged offender can pay a prescribed composition sum instead of proceeding through the full criminal process.
This approach is designed to streamline enforcement for relatively limited or technical breaches, while still maintaining deterrence and compliance in the sensitive area of fundraising and public collections. House-to-house and street collections can involve public trust, consent, and proper authorisation. The law therefore regulates who may collect, how collections are conducted, and what conduct is prohibited.
Importantly, the Composition Regulations do not themselves set out the substantive rules on how collections must be conducted. Instead, they focus on the consequences—specifically, which offences may be resolved by composition and the maximum amounts payable.
What Are the Key Provisions?
1. Regulation 2: Which offences are compoundable
The central provision is Regulation 2, titled “Compoundable offences.” Under Regulation 2(1), the Commissioner of Police may compound the following offences:
(a) An offence under section 7 of the Act
While the extract does not reproduce section 7 of the Act, the structure indicates that section 7 is one of the Act’s offence provisions. The Regulations expressly make offences under section 7 eligible for composition.
(b) An offence under section 5(3) of the Act in relation to contraventions of specified regulations
Regulation 2(1)(b) further expands compoundability to offences under section 5(3) of the Act, but only where the offence relates to a contravention of particular provisions of the House to House and Street Collections Regulations 1976. The specified regulations are regulation 4, 5, 6, 7, 12, or 14 of the 1976 Regulations.
From a practitioner’s perspective, this means that not every breach connected to collections is automatically compoundable. The composition power is limited to the offences and the particular regulatory contraventions enumerated in Regulation 2(1)(b). If the alleged conduct falls outside these listed provisions, composition may not be available under these Regulations (though other legal routes may exist depending on the offence charged).
2. Regulation 2(2): The composition sums (maximum amounts)
Regulation 2(2) sets out the financial terms of composition. The Commissioner of Police may compound any offence specified in Regulation 2(1) by collecting from the person “reasonably suspected” of having committed the offence:
- Up to $50 for an offence mentioned in Regulation 2(1)(a) (i.e., an offence under section 7 of the Act); and
- Up to $500 for an offence mentioned in Regulation 2(1)(b) (i.e., an offence under section 5(3) of the Act relating to contraventions of regulations 4, 5, 6, 7, 12 or 14 of the 1976 Regulations).
Two practical points follow:
(i) “Reasonably suspected” threshold
The Commissioner’s power is triggered by reasonable suspicion, not proof beyond reasonable doubt. This is consistent with composition mechanisms under the Criminal Procedure Code framework. In practice, this means the composition decision may be made early in the enforcement process, based on the information available to police at the time.
(ii) Discretion within maximum limits
The Regulations specify maximum sums, not fixed amounts. The Commissioner of Police therefore retains discretion to determine the appropriate composition amount within the stated ceiling, depending on the circumstances of the case.
3. The composition framework under the Criminal Procedure Code 2010
Regulation 2(1) states that compoundment must be “in accordance with section 243 of the Criminal Procedure Code 2010.” The extract also notes legislative updating: references to earlier Criminal Procedure Code provisions were updated to section 243 of the Criminal Procedure Code 2010, pursuant to transitional/continuation provisions.
For lawyers, this matters because the Criminal Procedure Code provisions typically govern procedural aspects such as:
- how composition is offered or effected;
- the legal effect of paying the composition sum (commonly, it results in the offence being treated as compounded and generally prevents further prosecution for that offence); and
- the documentation and administrative steps required.
Accordingly, the Composition Regulations should be read together with the Criminal Procedure Code’s composition provisions. The Regulations identify which offences are eligible and the maximum sums, while the Criminal Procedure Code governs the process and legal consequences.
4. Limited scope: not a general amnesty
Because Regulation 2 enumerates specific offences and specific regulatory contraventions, the composition power is not a blanket remedy for all collection-related offences. Practitioners should therefore carefully map the alleged facts to:
- the offence provision in the Act (section 7 or section 5(3)); and
- the relevant 1976 Regulations contravened (regulations 4, 5, 6, 7, 12 or 14).
If the alleged conduct does not align with these categories, the Commissioner may not be able to compound under these Regulations, and the matter may proceed through normal criminal channels.
How Is This Legislation Structured?
The Composition Regulations are short and focused. In the current consolidated form (2025 Revised Edition), the Regulations consist of:
- Citation (Regulation 1): provides the short title.
- Compoundable offences (Regulation 2): the operative provision identifying eligible offences and the maximum composition sums.
There are no additional parts or complex schedules in the extract. The Regulations function as a targeted “composition enabling” instrument, rather than a comprehensive regulatory code.
Who Does This Legislation Apply To?
The Regulations apply to persons who are suspected of committing the specified offences connected to house-to-house and street collections. This includes individuals conducting collections and, depending on how the underlying offences in the Act are framed, potentially those responsible for authorising or managing collection activities.
In practical terms, the composition mechanism is administered by the Commissioner of Police. Therefore, the Regulations are most relevant to:
- collectors and collection organisers facing enforcement action; and
- legal practitioners advising on whether a matter may be resolved through composition and what financial exposure may be involved.
Why Is This Legislation Important?
Although the Composition Regulations are brief, they are significant because they directly affect enforcement outcomes. For eligible offences, composition offers a faster resolution pathway that can avoid the time, cost, and uncertainty of a full prosecution. For police, it provides an efficient tool to manage enforcement resources while still imposing a monetary consequence.
From a compliance and risk-management perspective, the Regulations also signal that certain breaches are treated as suitable for administrative-style resolution. The maximum sums—up to $50 for offences under section 7 of the Act and up to $500 for offences under section 5(3) of the Act tied to specified contraventions—provide a clear ceiling for potential settlement amounts.
For practitioners, the key value lies in correctly identifying whether the alleged conduct falls within Regulation 2(1)(a) or 2(1)(b). Misclassification can lead to wasted effort in seeking composition where it is not available. Conversely, when the facts do align, composition may be a strategic option to resolve the matter promptly.
Finally, because the Regulations operate within the Criminal Procedure Code’s composition framework, lawyers should also consider the legal effect of compounding—particularly whether it bars subsequent prosecution for the same offence and how it may be recorded for future enforcement or licensing considerations. While the extract does not detail these effects, they are typically governed by the Criminal Procedure Code provisions referenced in Regulation 2(1).
Related Legislation
- House to House and Street Collections Act 1947 (including sections 5 and 7, as referenced)
- House to House and Street Collections Regulations 1976 (notably regulations 4, 5, 6, 7, 12 and 14, as referenced)
- Criminal Procedure Code 2010 (notably section 243 on composition of offences)
- Criminal Procedure Code 2010 transitional/continuation provisions (as referenced in the legislative history notes)
Source Documents
This article provides an overview of the House to House and Street Collections (Composition of Offences) Regulations 2005 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.