Statute Details
- Title: House to House and Street Collections (Composition of Offences) Regulations 2005
- Act Code: HHSCA1947-RG2
- Legislation Type: Subsidiary legislation (SL)
- Current Status: Current version (as at 27 Mar 2026)
- Original Commencement / Made Date: 14 Oct 2005 (SL 656/2005)
- Latest Revision Noted in Extract: 2 Jun 2025 (2025 Revised Edition)
- Authorising Act: House to House and Street Collections Act 1947 (notably section 5)
- Key Provisions (from extract): Regulation 2 (Compoundable offences)
- Related Procedural Law: Criminal Procedure Code 2010 (composition framework referenced via section 243; transitional continuation via section 429)
What Is This Legislation About?
The House to House and Street Collections (Composition of Offences) Regulations 2005 (“Composition Regulations”) create a practical enforcement mechanism for certain offences under the House to House and Street Collections Act 1947 (“HHSCA”). In plain terms, the Regulations allow the Commissioner of Police to “compound” specified offences—meaning the suspected offender can pay a composition sum to avoid a formal prosecution, subject to the statutory limits and conditions.
These Regulations do not themselves redefine the underlying collection offences. Instead, they focus on the process and consequences of enforcement by identifying which offences are eligible for composition and setting the maximum composition amounts. This is important in practice because composition is often used to resolve matters quickly, reduce court workload, and provide a predictable settlement pathway for minor or first-time breaches.
The Regulations also connect to the Criminal Procedure Code 2010. The composition power is not created from scratch; rather, the Regulations specify which offences under the HHSCA (and certain related regulations) may be compounded under the general composition procedure in the Criminal Procedure Code.
What Are the Key Provisions?
1. Identification of offences that may be compounded (Regulation 2(1))
Regulation 2(1) lists two categories of offences that may be compounded by the Commissioner of Police in accordance with section 243 of the Criminal Procedure Code 2010.
(a) Offences under section 7 of the HHSCA
The Regulations expressly include “an offence under section 7 of the Act.” While the extract does not reproduce section 7’s text, the practitioner should treat this as a core offence provision within the HHSCA framework. The key point for lawyers is that any offence falling within section 7 is eligible for composition, provided the Commissioner of Police chooses to compound it and the statutory conditions are met.
(b) Offences under section 5(3) of the HHSCA, tied to specified breaches of the House to House and Street Collections Regulations 1976
The second category is more specific. It covers “an offence under section 5(3) of the Act in relation to a contravention of regulation 4, 5, 6, 7, 12 or 14 of the House to House and Street Collections Regulations 1976.”
This structure matters: it is not every offence under section 5(3) that is compoundable. Only those section 5(3) offences that relate to contraventions of the enumerated 1976 Regulations are included. In practice, counsel should confirm the exact regulatory breach alleged (e.g., whether it is regulation 4, 5, 6, 7, 12, or 14) before advising on composition eligibility.
2. Maximum composition sums (Regulation 2(2))
Regulation 2(2) sets the financial limits for 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” one of two maximum sums, depending on which category the offence falls into.
(a) Up to $50 for offences under Regulation 2(1)(a)
If the offence is “an offence under section 7 of the Act” (Regulation 2(1)(a)), the maximum composition sum is not exceeding $50.
(b) Up to $500 for offences under Regulation 2(1)(b)
If the offence is “an offence under section 5(3) of the Act” in relation to contraventions of the specified 1976 Regulations (Regulation 2(1)(b)), the maximum composition sum is not exceeding $500.
3. Discretion and the “reasonably suspected” threshold
Regulation 2(2) uses two important legal concepts:
- Discretion: The Commissioner “may” compound. This is not an entitlement for the suspect; it is a prosecutorial/police discretion.
- Reasonable suspicion: The composition is collected from the person “reasonably suspected” of having committed the offence. This indicates that composition can occur without a completed evidential determination equivalent to a conviction, but it also requires a rational basis for suspicion.
For practitioners, this means that early engagement—clarifying the alleged conduct, documentary support (permits/authorisations, collection materials, identity of collectors, and compliance steps), and any mitigating circumstances—can be relevant to whether the Commissioner exercises the composition option and what sum is offered within the statutory ceiling.
4. Procedural linkage to the Criminal Procedure Code 2010
The Regulations state that compounding is “in accordance with section 243 of the Criminal Procedure Code 2010.” This matters because the composition process is governed by the procedural code: how the Commissioner proceeds, the effect of composition, and the legal consequences for future proceedings are typically addressed in the Criminal Procedure Code framework.
Accordingly, lawyers advising on composition should read Regulation 2 together with section 243 of the Criminal Procedure Code 2010, and also consider any related provisions on composition, payment, and the finality of the outcome.
How Is This Legislation Structured?
The Composition Regulations are short and focused. The extract shows a two-part structure:
- Regulation 1 (Citation): Provides the short title of the Regulations.
- Regulation 2 (Compoundable offences): The operative provision. It identifies which HHSCA offences are eligible for composition and specifies the maximum composition sums.
In addition, the legislative history and continuation language in the extract indicate that the Regulations were originally made under the HHSCA and earlier references to the Criminal Procedure Code, and that the relevant procedural references have been updated to the Criminal Procedure Code 2010 pursuant to transitional provisions (notably section 429 of the Criminal Procedure Code 2010). For legal research, this is a reminder to always check the current revised edition and the updated cross-references.
Who Does This Legislation Apply To?
The Regulations apply to persons who are reasonably suspected of committing certain offences under the House to House and Street Collections Act 1947, specifically:
- Offences under section 7 of the HHSCA; and
- Offences under section 5(3) of the HHSCA that relate to contraventions of specified provisions (regulations 4, 5, 6, 7, 12 or 14) of the House to House and Street Collections Regulations 1976.
In practical terms, these offences typically arise in the context of house-to-house and street collections—for example, activities by collectors, collection organisers, or entities conducting fundraising where statutory requirements (permits, conduct rules, and other regulatory obligations) must be met. However, the Composition Regulations themselves do not limit the composition mechanism by the collector’s status (individual vs. organiser); instead, they focus on the offence category and the Commissioner’s discretion to compound.
Because composition is discretionary and depends on the Commissioner’s decision, the Regulations do not guarantee that every eligible suspect will be offered composition. Lawyers should therefore treat eligibility as a potential resolution pathway rather than an automatic right.
Why Is This Legislation Important?
Although the Composition Regulations are brief, they have real operational significance for enforcement and dispute resolution in the fundraising/collections space. First, they provide a clear statutory basis for the police to resolve certain offences without prosecution, by collecting a composition sum capped at $50 or $500 depending on the offence category.
Second, the Regulations support proportionality and predictability. By setting maximum amounts, the law signals that some breaches are treated as lower-level for composition purposes (e.g., section 7 offences capped at $50) while others—linked to specific contraventions of the 1976 Regulations—may attract higher composition sums (up to $500). This can influence how counsel assesses risk, negotiates early resolution, and advises clients on whether to contest allegations or seek composition.
Third, the “reasonably suspected” language highlights that composition can occur at an early stage. For practitioners, this underscores the importance of immediate fact-checking and evidence gathering. If the alleged contravention relates to a specific 1976 regulation, counsel should obtain the relevant collection authorisation documents, training/operational records, and any materials used during the collection. Where compliance exists but an administrative or procedural lapse is alleged, composition may be a pragmatic outcome—subject to the Commissioner’s discretion and the procedural requirements under the Criminal Procedure Code.
Finally, because composition is tied to the Criminal Procedure Code 2010, the legal consequences of paying a composition sum (including whether it precludes further proceedings for the same offence) are governed by that procedural framework. Lawyers should therefore not treat composition as merely a “fine”; it is a legally structured disposal mechanism. Proper advice requires reading the Criminal Procedure Code provisions alongside Regulation 2.
Related Legislation
- House to House and Street Collections Act 1947 (authorising Act; offences under sections 5(3) and 7 are referenced)
- House to House and Street Collections Regulations 1976 (specific contraventions of regulations 4, 5, 6, 7, 12 and 14 are referenced)
- Criminal Procedure Code 2010 (composition framework referenced, including section 243; transitional continuation referenced via section 429)
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.