Australian Capital Territory
New South Wales
Local Government Requirements
Fundraising Regulatory Requirements
Australian Capital Territory
Raffles and bingos are regulated by the ACT Gambling and Racing Commission. A permit is not required where the total prize value of a raffle does not exceed $2,500. For more information visit https://www.gamblingandracing.act.gov.au/.
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. For more information, visit Access Canberra at https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/1549/~/charitable-collections-licensing.
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. See https://www.fairtrading.nsw.gov.au/charitable-fundraising.
The Department of Business of the Northern Territory Government regulates lotteries, trade lotteries and games of chance in the nature of lotteries (raffles, bingo, tipping competitions, etc). A permit is required to conduct lotteries and trade lotteries that offer a total prize pool of more than $5,000. A permit is not required for trade lotteries that have been granted a permit interstate. For more information see https://nt.gov.au/industry/gambling/gambling/lotteries-community-gambling/apply-to-run-a-trade-lottery.
The Department of Justice and Attorney General administer the relevant legislation for fundraising appeals, door-knocks, street collections and commercial appeals by entrepreneurs on behalf of charities. Generally charities and community organisation will need to register in order to conduct fundraising appeals. However, it may be possible to apply for a sanction authorising one off charitable appeals. Charities such as religious denominations are not required to be registered to fundraise in Queensland. The relevant website is https://www.qld.gov.au/law/fair-trading.
Gambling activities including bingo are governed by the Queensland Office of Gaming Regulation – https://www.business.qld.gov.au/industry/liquor-gaming.
Gambling and fundraising activities are regulated by Consumer and Business Services. A licence is likely to be required to undertake charitable collections. Charitable purpose is defined as including:
- Health services and research;
- Help for disabled, sick, poor, destitute or unemployed people and their families;
- War relief for anywhere in the world;
- Help for current or past members of the armed forces and their families; and
- Helping animals.
More information can be found here: https://www.sa.gov.au/topics/family-and-community/community-organisations/types/charities.
Specific rules exist for lotteries. For more information see https://www.cbs.sa.gov.au/liquor-gambling-lotteries.
The Liquor and Gaming branch representing the Tasmanian Gaming Commission governs gaming including lotteries, raffles, bingo and games of chance. For more details, visit: http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/714a9215f1fdf2dfca25798f00012c71/e3f7b3e63e47240fca257d8200177220?OpenDocument
Soliciting for donations is regulated by Consumer, Building and Occupational Services Tasmania. The rules do not apply to:
- The sale of goods or services as a chocolate fundraiser;
- The request for renewal of membership of an organisation;
- An appeal by an organisation to its membership such as a cricket club or hobby group;
- An appeal within premises that are used by a club or religious organisation, such as a collection plate;
- An appeal to a Commonwealth, State or Local Authority;
- Selling raffle tickets;
- An organisation which is incorporated in Tasmania; and
- A corporation whose principal office is located in Tasmania.
For more information, see: https://cbos.tas.gov.au/topics/clubs-fundraising/charities/apply-to-collect.
The Victorian Commission for Gambling and Liquor Regulation has jurisdiction over gaming activities for the benefit of community or charitable organisations. It includes raffles and bingo. A declaration allows an organisation to conduct raffles where the total retail value of prizes does not exceed $5,000, or to apply for a permit where the total retail value of prizes does exceed $5,000. Permits can also be obtained to conduct bingo, sell lucky envelopes or run a fundraising function where games which would otherwise be unlawful (i.e. casino games) may be played. See https://www.vcglr.vic.gov.au/.
Fundraising activities are regulated by Consumer Affairs Victoria (www.consumer.vic.gov.au). However, certain organisations are exempt from the requirement to register, including:
- Religious bodies with the authority to marry people; and
- Non-profit organisations that receive less than $10,000 gross in a financial year from fundraising and use only unpaid volunteers.
Fundraising activities are regulated by Consumer Affairs Victoria in compliance with the Fundraising Act 1998 (the Act). Organisations do not need to register under the Act to conduct fundraising appeals, but must otherwise comply with all the requirements of the Act, if they:
- receive less than $20,000 gross in a financial year from fundraising;
- are not paid for conducting the fundraising; and
- use only unpaid volunteers.
Religious bodies that have authority to marry people do not need to register under the Act to conduct fundraising appeals and do not need to comply with any requirement in Part 3 of the Act – but they must comply with all other requirements of the Act.
For more information, see: https://www.consumer.vic.gov.au/clubs-and-fundraising/fundraisers/registration/exemptions-from-registration.
In Western Australia, collections of money and goods are regulated by the Department of Mines, Industry Regulation and Safety (www.docep.wa.gov.au/charities).
A charitable purpose is:
- the relief of the diseased, sick, infirm, incurable, poor, destitute, helpless or unemployed persons or their dependents;
- the relief of distress occasioned by war and the support of persons who have been members of the armed forces;
- animal welfare, conservation and environmental causes;
- the support of hospitals, infant health centres, schools, kindergartens and other activities of a social or welfare character; or
- any benevolent philanthropic or patriotic purpose.
A licence is required to collect goods or money for a charitable purpose. Street collections require a separate permit. You do not need to obtain a licence if you are the following:
- An organisation that collects and receives money from the public for non charitable purposes, such as for sporting clubs, conservation, environmental, animal welfare and schools or kindergartens that operate their own fund raising events; and
- Any organisation that raises money for charitable purposes but does not collect from the public.
For more information, see: https://www.commerce.wa.gov.au/consumer-protection/what-charity-0.
Raise funds for a charitable purpose by the sale of raffle tickets, lotteries or gaming activities requires a charitable collections licence. Licences from the Department of Local Government, Sport and Cultural Industries. Permits are not required for minor raffles where the prize money is less than $1,000; tickets are sold to persons who work or reside on the same premises, or to persons who are all members or the guest of a member of a body of persons (such as a club); and the raffle is conducted and drawn within eight days.
For more information, see: https://www.dlgsc.wa.gov.au/racing-gaming-and-liquor.
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