Fundraising Regulatory Requirements

The ACNC (Australian Charities and Not-for-profits Commission) website provides a Fundraising Hub.

Australian Capital Territory

Charitable collections are covered by the Charitable Collections Act 2003. Collections include door-knocks, goods donated or sold, collection bins, collections by telephone, written appeals, internet and other forms of communication. Charities registered with the ACNC in the ACT no longer need to apply for a licence (or renew a licence), and will no longer need to report annually to Access Canberra.

New South Wales

Fundraising activities and collections are controlled by Fair Trading NSW. Fundraising appeals may take a variety of forms and could include donations, sponsorship, telethons, lotteries, games of chance and the supply of food, entertainment or other goods or services. Generally the laws are only applicable to the raising of money for charitable purposes, although additional laws may apply to lotteries and games of chance.

An organisation that intends to fundraise for a charitable purpose must be the holder of an authority to fundraise unless an exemption exists. An exemption exists for religious bodies.

Northern Territory

Northern Territory does not have legislation that governs charitable fundraising.

Licensing NT is responsible for regulating any raffles or gaming activities.

Queensland

The Office of Fair Trading regulates fundraising in Queensland.

Charities who fundraise in Queensland do not need to register separately with the Office of Fair trading. Submission of a Charity ACNC Registration Notification form. Recognised religious denominations can fundraise without registering as a ‘charity’.

South Australia

Fundraising activities are regulated by Consumer and Business Services (CBS). A licence is likely to be required to undertake charitable collections.

Collecting for charities can include:

collecting money or property, such as door knock appeals or online fundraising
charging admission for an entertainment event
selling items like badges, ribbons or second-hand goods
a bequest, or other grants of money or property to a charity.

A Code of Practice is maintained by CBS for Collections of a charitable purpose.

Tasmania

Soliciting for donations is regulated by Consumer, Building and Occupational Services Tasmania.

Approval to fundraise in Tasmania may be required for some individuals or organisations. These include:

incorporated organisation located outside of Tasmania
companies under the Corporations Act 2001 (Cth) with a principal office located outside of Tasmania
non-incorporated groups or associations in Tasmania
individuals (unless they are doing so on behalf of an organisation that has an approval or is exempt from the requirement to gain an approval).

Victoria

Fundraising activities are regulated by Consumer Affairs Victoria. As part of an arrangement between the ACNC and Consumer Affairs Victoria, a registered charity is only required to notify Consumer Affairs Victoria of its intention to fundraise. No annual statements or renewals are required to be submitted.

Fundraising activities are regulated by Consumer Affairs Victoria in compliance with the Fundraising Act 1998 (the Act). Organisations are exempt from the requirement to lodge a notification include::

recognised religious denominations;
receive less than $20,000 gross in a financial year from fundraising;
are not paid for conducting the fundraising; and
use only unpaid volunteers.

Western Australia

In Western Australia, collections of money and goods are regulated by the Department of Mines, Industry Regulation and Safety.

A licence is required to collect goods or money for a charitable purpose. Street collections require a separate permit.

Local Government Requirements

Local Government authorities regulate the use of public places. Public places can include theatres, parks, beaches, sporting grounds, streets, libraries and public galleries.

If a non-profit organisation wants to conduct fundraising activities in a public place, it should contact the local council in its area to find out the requirements that must be met.

Requirements vary from council to council but generally they include:

Providing evidence of public liability insurance cover for the event, sufficient security and adequate toilet facilities;
Obtaining permits for the preparation and sale of food on site, and operation of electrical equipment and the sale of alcohol; and
Providing evidence that any rides comply with the relevant Australian Standards.