Fundraising in New South Wales is regulated by NSW Fair Trading and the NSW Office of Liquor and Gaming (Liquor and Gaming NSW).
NSW Fair Trading
NSW Fair Trading regulates charitable fundraising activities in New South Wales and oversees the laws which govern fundraising across the state – the Charitable Fundraising Act 1991 (NSW), and Charitable Fundraising Regulation 2015 (NSW).
The NSW Government also maintains a public register of licences.
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.
To fundraise in New South Wales an organisation needs to:
- obtain an authority to fundraise, or
- enter into an arrangement with the holder of an authority to fundraise on that holder’s behalf.
Individuals who want to participate in charitable fundraising need to:
- obtain authority from a licence holder to fundraise on its behalf, or
- individually apply for an authority.
For more details about the conditions and process for obtaining a fundraising authority in New South Wales, visit 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
For more details on the exemptions, visit the NSW Fair Trading website.
Some fundraising activities are subject to specific conditions. These activities include:
- face-to-face appeals
- the use of collection boxes, bags or bins
- advertisements about charity fundraising
- direct marketing for charity fundraising
For more details on the conditions of certain fundraising activities, visit the NSW Fair Trading website.
Liquor and Gaming NSW
Liquor and Gaming NSW regulates how community-based lotteries and competitions – including those conducted by charities as fundraising activities – operate. It does so under a number of Acts:
- Lotteries and Art Unions Act 1901 (NSW)
- Lotteries and Art Unions Regulation 2014 (NSW)
- Public Lotteries Act 1996 (NSW)
- Public Lotteries Regulation 2016 (NSW)
In addition to requiring a charitable fundraising authority by NSW Fair Trading, charities conducting community gaming as a fundraising activity may require a permit from Liquor and Gaming NSW and may need to comply with limits on prize values.
For more information, visit the Liquor and Gaming NSW website.
Please note: this fact sheet is an overview of fundraising laws and regulations in NSW, not a complete guide. For more information about fundraising laws and regulations in NSW, please consult the relevant regulatory agencies.