This guidance is an overview of fundraising laws and regulations in Tasmania. For more detailed information about fundraising laws and regulations in Tasmania, please consult the relevant regulatory agencies.
Fundraising in Tasmania is regulated by Consumer, Building and Occupational Services and the Tasmanian Liquor and Gaming Commission.
Consumer, Building and Occupational Services (CBOS)
Consumer, Building and Occupational Services regulates fundraising activities in Tasmania under the Collections for Charities Act 2001 (Tas) and the Collections for Charities Regulations 2011 (Tas).
The Collections for Charities Act 2011 (Tas) applies to anyone who asks a member of the public to make a donation for a charitable purpose in Tasmania. This includes money, goods or services donated or bequeathed.
In Tasmania, a charitable purpose includes:
- any benevolent, philanthropic or patriotic purpose
- any purpose for the protection of the environment or the welfare of animals
- the supply of help, aid, relief, support, care, housing or education to any person or animal in distress.
It is important to note that CBOS's definition of a charitable purpose may differ from the legal definition of charity the ACNC applies when registering organisations as charities at the federal level.
Collecting for a charitable purpose includes any request for donations made in person, or by mail, fax, telephone, email, documents left on premises, or through the internet. It also includes any appeals through the media (newspaper, radio or television).
CBOS maintains a public list of approved charities in Tasmania. Incorporated associations and companies registered in Tasmania are not included in this list.
Approval to fundraise in Tasmania may be required for some individuals or organisations. These include:
- incorporated organisation located outside of Tasmania
- companies under the Corporations Act 2001 (Cth) with a principal office located outside of Tasmania
- non-incorporated groups or associations in Tasmania
- individuals (unless they are doing so on behalf of an organisation that has an approval or is exempt from the requirement to gain an approval).
The period of an approval will vary and will be stipulated when the approval is granted.
There are some exemptions to the need for approval to fundraise. These include:
- incorporated associations based in Tasmania
- corporations with a principal office in Tasmania
- an approved organisation or a member of a class of approved organisations (approval is given by the Governor).
For more information on fundraising approvals and the ongoing obligations of fundraisers in Tasmania, please visit the CBOS website.
Tasmanian Liquor and Gaming Commission
The Tasmanian Liquor and Gaming Commission, established under the Gaming Control Act 1993 (Tas), is responsible for regulating any fundraising activities conducted through authorised games such as raffles. A permit may be required for certain gaming activities.
To find out more, visit the Tasmanian Liquor and Gaming Commission website.