This guidance is an overview of fundraising laws and regulations in New South Wales. For more detailed information about fundraising laws and regulations in New South Wales, please consult the relevant regulatory agencies.
Fundraising in New South Wales (NSW) is regulated by NSW Fair Trading.
Under the Charitable Fundraising Act 1991 (NSW), soliciting or receiving money, property or other benefits constitute a 'fundraising appeal' if the appeal is for a charitable purpose or for the support of an organisation having a charitable object. It is important to note that NSW Fair Trading’s definition of a charitable purpose is different from the legal definition of charity the ACNC applies when registering organisations as charities at the federal level.
To fundraise in NSW an organisation needs to meet one of the following:
- obtain an authority to fundraise
- enter into an arrangement with the holder of an authority to fundraise on that holder’s behalf.
As part of an arrangement between the ACNC and NSW Fair Trading, ACNC registered charities can access a streamlined application process when applying for or renewing an authority to fundraise. Charities do not have to submit annual returns or compliance statements to NSW Fair Trading as long as they submit the Annual Information Statement to the ACNC.
Individuals who want to participate in charitable fundraising need to complete one of the following steps:
- obtain approval from an authority from a licence holder to fundraise on its behalf
- individually apply for an authority.
Additional information about the conditions and process for obtaining a fundraising authority can be found on the NSW Fair Trading website.
Some individuals and organisations are exempt from the requirement to obtain an authority to fundraise. These exemptions may include:
- certain religious organisations
- an organisation or person that receives less than $15,000 in a financial year from fundraising (small fundraisers)
- local councils
- trusts with a local council as a trustee
- Parents and Citizens committees.
Charities with an authority to fundraise must follow specific rules for fundraising.
For more details on charitable fundraising, visit the NSW Fair Trading website.
Registered charities that are authority holders can report directly via the ACNC's Annual Information Statement. They will not be required to submit a separate annual return or compliance statement to NSW Fair Trading.
To help the ACNC provide data to NSW Fair Trading, charities should provide their fundraising authority number and statement of compliance when completing their Annual Information Statement.
Community gaming includes housie, bingo, lotteries, sweeps, raffles and Calcutta events.
For more information, visit the NSW Fair Trading website.