This guidance is an overview of fundraising laws and regulations in South Australia. For more detailed information about fundraising laws and regulations in South Australia, please consult the relevant regulatory agencies.
Fundraising in South Australia is regulated by Consumer and Business Services (CBS).
Charities are required to have a Collections for Charitable Purposes (CCP) licence under the Collections for Charitable Purposes Act 1939 (SA) if they fundraise for one or more 'charitable purposes’, such as:
- 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
- helping animals.
It is important to note that the definition of 'charitable purpose' used by CBS may differ from the legal definition of charity the ACNC applies when registering organisations as charities at the federal level.
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.
CBS maintains a Code of Practice for Collections for Charitable Purposes. This code sets guidelines for fundraisers and fundraising activities, including hours and location of activities, identification requirements for collectors, the issuing of receipts and disclosure of information by collectors.
A public list of current, expired, and revoked charity licences is available on the CBS Public Charities Register.
Charities that fundraise through lotteries and bingo must obtain a separate licence (further information is below).
Charities can receive an automatic licence to collect for ‘charitable purposes’ through the charity registration application form and the Annual Information Statement. If an organisation applies to be registered by the ACNC but is not successful, it will need to contact CBS directly.
Charities will need to provide the following information in the registration application form and the Annual Information Statement:
- the charitable purpose or purposes that they intend to fundraise for
- a description of how they will provide relief to the beneficiaries of the charitable purpose or purposes
- consent for the ACNC to notify CBS of the charity’s intention to fundraise in South Australia.
Charities are not required to lodge annual fundraising statements to CBS if they can submit the Annual Information Statement to the ACNC.
Charities should provide their Charitable Collections Licence number (SA Fundraising licence number) in the Annual Information Statement.
Medium and large charities must ensure that the financial reports they provide to the ACNC meet all the ACNC reporting requirements.
Fundraiser lotteries and bingo
CBS also regulates fundraiser lotteries and bingo under the Lotteries Act 2019 (SA).