print

Funding Centre

Fundraising Legislation and Regulations


THE TAKEAWAY: When you are raising money it is important that you comply with all the relevant legislation and regulations surrounding fundraising, food handling, gambling and the sale of alcohol.


Click on your state below to access the relevant legislation and requirements linked to fundraising through gaming, alcohol sales and other permits.


**Important Note: Unfortunately fundraising legislation varies from state to state which will mean that if you are looking to fundraise on a national basis, you will need to take the time to comply with the relevant fundraising legislation in each state.




Give Furniture

Alcohol regulations




Give Furniture

Gambling Regulations




Give Furniture

Food Regulations




Fundraising Legislation




Fundraising Legislation: ACT


**Important Note: Fundraising regulations may change from time to time. To ensure you have access to the most current information, check with the Office of Regulatory Services.


Do I need an authority to fundraise?

The Charitable Collections Act 2003 covers all charitable collections in the ACT except those that are specifically exempt.

It is good practice to first assume that you and your organisation’s activities are covered and then check to see whether your activity falls into any of the exempt categories below:

Other exemptions include:

This is not an exhaustive list. If you are in any doubt about whether you need a licence or not, contact the Canberra Connect Contact Centre on 13 22 81.


How do I apply for an authority to fundraise in the ACT?

For full details regarding the operation of the Charitable Collections Act 2003 Act click here.

To apply for a Charitable Collection Licence click here.

The Office of Regulatory Services is responsible for issuing charitable collection licences in the Act , they can be contacted here:

Department of Justice and Community Safety, Office of Regulatory Services
255 Canberra Ave
Fyshwick, ACT 2609

For further information contact the Department on (02) 6207 3000, or visit the website here.

Can I find out if I already have an authority to fundraise?

The Register of approved Charitable Collection Licences in the ACT can be viewed here.


How can I collect donations through GiveNow?

The GiveNow.com.au online donations service is offered free to any community group in Australia, regardless of size, purpose or tax status.

GiveNow allows any community group with a bank account and the will to raise funds to take advantage of this important and rapidly growing mode of fundraising.

GiveNow, which is an initiative of the Our Community Foundation, charges no commissions for processing donations. We pass on 100% of the donation to your group, less the standard fees charged by the credit card companies for processing costs. We have negotiated a reduced charge for most major credit cards. We can also accept donations via direct debit – 100% of donations via direct debit are passed on to the organisation, no fees are deducted whatsoever.

For further information, and to register your cause and start fundraising, click here.




Fundraising Legislation: NSW


**Important Note: Fundraising regulations may change from time to time. To ensure you have access to the most current information, check with the Department of Trade and Investment, Regional Infrastructure and Services.


Do I need an authority to fundraise?

Yes. You will be required to hold an authority to fundraise if you are looking to fundraise from the public of New South Wales for a charitable purpose, unless you are subject to one of the exemptions outlined below.

An authority to fundraise may be granted initially for a period of two years, at the end of which the authority-holder is invited to apply for a renewal. If everything is in compliance with the legislative requirements, your authority will be renewed for a period of five years. Your authority to fundraise covers an infinite number of appeals over its duration.

Exemptions apply in the following cases:

For more information on the NSW authority to fundraise visit the NSW Office of Liquor, Gaming and Racing website.

**Important Note: NSW fundraising licences have an expiry date and must be renewed before this date. It is the responsibility of the authority-holder to keep track of this and ensure your licence is renewed and current.


How do I apply for an authority to fundraise?

An application form can be obtained by contacting the Department of Trade and Investment, Regional Infrastructure and Services or by downloading an application form (the form can be downloaded from this page). The form cannot be lodged online.

There is no fee associated with making the application or being granted an authority to fundraise.

In practice, authorities will be issued for a specific period, such as five years. Conditions may be attached. There is no fee associated with making the application or being granted an authority to fundraise.

For further information contact:

Department of Trade and Investment, Regional Infrastructure and Services
(via existing OLGR contacts and links) Level 6, 323 Castlereagh Street, Haymarket
GPO Box 7060, Sydney NSW 2001
Telephone: (02) 9995 0300
Facsimile: (02) 9995 0669
Email: charity.inquiries@olgr.nsw.gov.au
Website: www.olgr.nsw.gov.au


Other relevant fundraising information

The relevant legislation for NSW is the Charitable Fundraising Act 1991. For an outline of the main features of the Act, head to the Office of Liquor, Gaming and Racing website.

The request or acceptance of any money, property or other benefit from the public is considered a fundraising appeal if a representation is made (or implied) that the appeal is for a charitable purpose or for the support of an organisation having a charitable object.

An appeal may take a variety of forms:

A membership drive undertaken by an organisation is a fundraising appeal if one of the objects of the organisation is of a charitable purpose.

Each of the following does not constitute a fundraising appeal for the purposes of the Act:


How can I collect donations through GiveNow?

The GiveNow.com.au online donations service is offered free to any community group in Australia, regardless of size, purpose or tax status.

GiveNow allows any community group with a bank account and the will to raise funds to take advantage of this important and rapidly growing mode of fundraising.

GiveNow, which is an initiative of the Our Community Foundation, charges no commissions for processing donations. We pass on 100% of the donation to your group, less the standard fees charged by the credit card companies for processing costs. We have negotiated a reduced charge for most major credit cards. We can also accept donations via direct debit – 100% of donations via direct debit are passed on to the organisation, no fees are deducted whatsoever.

For further information, and to register your cause and start fundraising, click here.




Fundraising Legislation: Northern Territory


**Important Note: Fundraising regulations may change from time to time. To ensure you have access to the most current information, check with the Department of Business.


Do I need an authority to fundraise?

Only if you are selling raffle tickets – you will require a lottery permit to do this. You will also need to make sure that you are registered as an approved association.


How do I apply for an authority to fundraise?

There are two steps to applying for an authority to fundraise:


Other relevant fundraising information

Raffle and Gaming activities are covered by the Gaming Control Act 1993.


How can I collect donations through GiveNow?

The GiveNow.com.au online donations service is offered free to any community group in Australia, regardless of size, purpose or tax status.

GiveNow allows any community group with a bank account and the will to raise funds to take advantage of this important and rapidly growing mode of fundraising.

GiveNow, which is an initiative of the Our Community Foundation, charges no commissions for processing donations. We pass on 100% of the donation to your group, less the standard fees charged by the credit card companies for processing costs. We have negotiated a reduced charge for most major credit cards. We can also accept donations via direct debit – 100% of donations via direct debit are passed on to the organisation, no fees are deducted whatsoever.

For further information, and to register your cause and start fundraising, click here.




Fundraising Legislation: Queensland


**Important Note: Fundraising regulations may change from time to time. To ensure you have access to the most current information, check with the Office of Fair Trading.


Do I need an authority to fundraise?

Yes, if you are looking to publically fundraise. You will need to either be registered as a charity or apply for a 'sanction' with the Office of Fair Trading.


How do I apply for an authority to fundraise?

Before you conduct a fundraising appeal, you will need to obtain authorisation from the Queensland Office of Fair Trading. An appeal for support includes any invitation to the public that is designed to obtain money or articles for a charitable or a community purpose.

There are two ways to obtain an authorisation:

  1. Apply to the Office of Fair Trading for registration of your organisation as a charity; or
  2. Apply to the Office of Fair Trading for the granting of a sanction.

1. Registration of a charity

To register your group as a charitable association you must:

The Queensland Office of Fair Trading lists three ways to register:

  1. Register the organisation as a charity. To be registered as a charity, the organisation’s objectives must be fully charitable as defined in the Collections Act 1966.
  2. Apply for a sanction to fundraise for a community purpose. Where an organisation’s purposes are not fully charitable or are for purposes which benefit the community, the Office may grant a sanction to the organisation to enable it to fundraise.
  3. Apply for a short term sanction. The Office can issue sanctions that authorise an organisation or a group of individuals to conduct a one-off charitable appeal. A constitutional document is not required if it is intended that the funds will be dispersed shortly after raising them.

Being an incorporated association is not a prerequisite for registration as a charity or the granting of a sanction. Unincorporated associations, such as charitable trusts, can also apply.

2. Applying for a sanction to fundraise for a community purpose

The Queensland Office of Fair Trading can issue sanctions for one-off charitable appeals if an organisation does not want to register as a charity. The organisation will need to provide:

Application forms and further information can be found at the Queensland Office of Fair Trading website.


Other relevant fundraising information

Any organisation that wishes to publicly fundraise for a charitable or a community purpose in Queensland is governed by the Collections Act 1966.

To be registered as a charity, an association's objectives must be fully charitable as defined in the Act. These objectives include the supplying of help, aid, education, relief or support to any persons in distress. If the purpose of your appeal does not fit these objectives but is for a community purpose, you may be required to apply for a sanction.


How can I collect donations through GiveNow?

The GiveNow.com.au online donations service is offered free to any community group in Australia, regardless of size, purpose or tax status.

GiveNow allows any community group with a bank account and the will to raise funds to take advantage of this important and rapidly growing mode of fundraising.

GiveNow, which is an initiative of the Our Community Foundation, charges no commissions for processing donations. We pass on 100% of the donation to your group, less the standard fees charged by the credit card companies for processing costs. We have negotiated a reduced charge for most major credit cards. We can also accept donations via direct debit – 100% of donations via direct debit are passed on to the organisation, no fees are deducted whatsoever.

For further information, and to register your cause and start fundraising, click here.




Fundraising Legislation: South Australia


**Important Note: Fundraising regulations may change from time to time. To ensure you have access to the most current information, check with the Office of the Liquor and Gambling Commissioner.


Do I need an authority to fundraise?

Yes, you do. There are two type of licence, depending on the activities you're planning:

  1. Section 6 Licence for the collection of money or the sale of goods or devices,
  2. Section 7 Licence for conducting entertainment for an admission fee.

How do I apply for an authority to fundraise?

There are two type of licence. Both are free, and both are for 12 months:

Section 6 Licence

Any organisation that wishes to do any of the following needs to hold a Section 6 Licence:

Section 7 Licence

Any organisation that wishes to conduct any entertainment to which a charge for admission is made with all or part of the proceeds going to a charitable purpose must hold a Section 7 Licence.

Licence application forms can be found on the South Australia Office of the Liquor and Gambling Commissioner’s website.


Other relevant fundraising information

The Collections for Charitable Purposes Act, 1939 seeks to regulate charitable fundraising activities.

Fundraising activities include:

Charitable organisations that are not collecting for a charitable purpose as described above do not require licensing (e.g. religious organisations, environmental groups and educational institutions). For further information, click here.


How can I collect donations through GiveNow?

The GiveNow.com.au online donations service is offered free to any community group in Australia, regardless of size, purpose or tax status.

GiveNow allows any community group with a bank account and the will to raise funds to take advantage of this important and rapidly growing mode of fundraising.

GiveNow, which is an initiative of the Our Community Foundation, charges no commissions for processing donations. We pass on 100% of the donation to your group, less the standard fees charged by the credit card companies for processing costs. We have negotiated a reduced charge for most major credit cards. We can also accept donations via direct debit – 100% of donations via direct debit are passed on to the organisation, no fees are deducted whatsoever.

For further information, and to register your cause and start fundraising, click here.




Fundraising Legislation: Tasmania


**Important Note: Fundraising regulations may change from time to time. To ensure you have access to the most current information, check with Consumer Affairs and Fair Trading.


Do I need an authority to fundraise?

You will not need an approval to solicit for donations if you are a charitable organisation which is only incorporated in Tasmania. You will require an approval if the following applies to you:

Exemptions:

Some organisations, because of their unique structure, cannot realistically incorporate. This is most often the case with certain religious organisations, but may also be true of others.

Organisations can apply to the Office of Consumer Affairs and Fair Trading for an exemption from the incorporation requirement so that they can solicit for charitable donations from the public without having to be incorporated.


How do I apply for an authority to fundraise?

There are three application forms available from Consumer Affairs and Fair Trading:

  1. Application by an organisation based outside of Tasmania
  2. Application by a non-incorporated association or community group
  3. Application by an individual

Raffles:

Raffles are administered by the Tasmanian Liquor and Gaming authority.

Their contact is details can be found here.


Other relevant fundraising information

The Collections for Charities Act 2001 applies to anybody who solicits money for a charitable purpose from the public. This includes incorporated bodies, individuals, non-incorporated bodies and religious organisations.

The three prohibited behaviours outlined by the Act include:

The rules do not apply to:

Organisations based outside of Tasmania must not solicit for public donations unless they have obtained approval from the Commissioner of Corporate Affairs. If you have any doubt, contact the office of Consumer Affairs and Fair trading:


How can I collect donations through GiveNow?

The GiveNow.com.au online donations service is offered free to any community group in Australia, regardless of size, purpose or tax status.

GiveNow allows any community group with a bank account and the will to raise funds to take advantage of this important and rapidly growing mode of fundraising.

GiveNow, which is an initiative of the Our Community Foundation, charges no commissions for processing donations. We pass on 100% of the donation to your group, less the standard fees charged by the credit card companies for processing costs. We have negotiated a reduced charge for most major credit cards. We can also accept donations via direct debit – 100% of donations via direct debit are passed on to the organisation, no fees are deducted whatsoever.

For further information, and to register your cause and start fundraising, click here.




Fundraising Legislation: Victoria


**Important Note: Fundraising regulations may change from time to time. To ensure you have access to the most current information, check with Consumer Affairs Victoria.


Do I need an authority to fundraise?

You need an authority to fundraise in Victoria only if you raise more than $10,000 per financial year and/or have paid staff.

Even if you raise more than $10,000 or have paid staff, you still don't need to apply if you are the one of following kinds of organisations, all of which are exempt either by Ministerial exemption or by Section 16 of the Fundraising Appeals Act 1988:

Some other specific exemptions apply to particular organisations – check the website for details.


How do I apply for an authority to fundraise?

You must complete an Application for Fundraiser Registration form.

No fee is required.

If you require assistance with filling out the form, you can contact Consumer Affairs on 1300 558 181.


Other relevant fundraising information

The Fundraising Appeals Act 1998 ensures fundraisers who seek donations from the public compile and present public information about their appeal.

The following activities are not fundraising events subject to the Fundraising Appeals Act 1988:

If you are not sure whether you should be registered as a fundraiser, contact Consumer Affairs Victoria or your solicitor.


How can I collect donations through GiveNow?

The GiveNow.com.au online donations service is offered free to any community group in Australia, regardless of size, purpose or tax status.

GiveNow allows any community group with a bank account and the will to raise funds to take advantage of this important and rapidly growing mode of fundraising.

GiveNow, which is an initiative of the Our Community Foundation, charges no commissions for processing donations. We pass on 100% of the donation to your group, less the standard fees charged by the credit card companies for processing costs. We have negotiated a reduced charge for most major credit cards. We can also accept donations via direct debit – 100% of donations via direct debit are passed on to the organisation, no fees are deducted whatsoever.

For further information, and to register your cause and start fundraising, click here.




Fundraising Legislation: Western Australia


**Important Note: Fundraising regulations may change from time to time. To ensure you have access to the most current information, check with the Department of Commerce.


Do I need an authority to fundraise?

Yes, if you are an organisation that collects money or goods from the public for:

You do not need an authority to fundraise if you are the following:

Note that if you are raising funds through government and Lotteries Commission grants, membership subscriptions, gaming machines, raffles etc, these activities do not constitute fundraising for which a licence is required.


How do I apply for an authority to fundraise?

To obtain a licence you will need to lodge an application form with the Charitable Collections Advisory Committee – the form is available here.

For further information, contact:

Administrative Officer, Charitable Collections
Department of Commerce,
Locked Bag 14, CLOISTERS SQUARE WA 6450
Telephone: +61 8 9282 4373
Facsimile: +61 8 9282 4337
Email: charities@commerce.wa.gov.au
Webpage: www.commerce.wa.gov.au/charities

Note: Raffles and street collections require separate licences. Information and application forms for these licences are available from the Department of Racing, Gaming and Liquor.


Other relevant fundraising information

The relevant legislation for WA is the Charitable Collections Act 1946.


How can I collect donations through GiveNow?

The GiveNow.com.au online donations service is offered free to any community group in Australia, regardless of size, purpose or tax status.

GiveNow allows any community group with a bank account and the will to raise funds to take advantage of this important and rapidly growing mode of fundraising.

GiveNow, which is an initiative of the Our Community Foundation, charges no commissions for processing donations. We pass on 100% of the donation to your group, less the standard fees charged by the credit card companies for processing costs. We have negotiated a reduced charge for most major credit cards. We can also accept donations via direct debit – 100% of donations via direct debit are passed on to the organisation, no fees are deducted whatsoever.

For further information, and to register your cause and start fundraising, click here.