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Fundraising and holding events

We'll help your organisation stay compliant with the range of laws that can apply when fundraising across different states.

Content last updated 26/08/2024

Fundraising

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What is fundraising?

Fundraising is an important source of income for many charities and not-for-profit organisations, but fundraising laws can be tricky to navigate.

There are different fundraising laws in each state and territory, so if you are fundraising in more than one state or territory, you will need to consider the laws in each of those places.

The resources on this page will help you work out whether your fundraising is covered by fundraising laws, and whether you need to get a licence or approval for your fundraising.

Note

Fundraising is defined differently under the various regulatory regimes in each state and territory, and may be referred to by a different term. (For example, in the Australian Capital Territory, fundraising is referred to as 'charitable collections'). 

In general, the following types of activities are fundraising:

  • requesting donations to help a person, cause or organisation (whether in person or online)
  • selling merchandise or memberships where some or all of the profits will go towards helping a person, cause or organisation, or
  • holding events to raise money for a person, cause or organisation

Fundraising law reform

Justice Connect’s campaign to #FixFundraising has long advocated for the following three things to happen: 

  1. Single point for registration - if a charity is registered with the ACNC and is complying with its ACNC requirements, it should have ‘deemed authority’ to fundraise (and shouldn’t have to apply for an authority to fundraise in every state and territory) 
  2. Single place of reporting - fundraising charities should only be required to report once a year, to one regulator (the ACNC) 
  3. Single set of rules to help ensure ethical fundraising practice 

In February 2023, Commonwealth, state and territory governments agreed to a set of nationally consistent fundraising principles to support ethical charitable fundraising practice. State and territory governments have or will each release a plan to implement these changes.  Not all states and territories have fully implemented the principles, so there is not yet a nationally consistent fundraising regime and differences in fundraising rules across jurisdictions remain. For more information, see our webpage on the National Fundraising Principles

For information on authority (licence) to fundraise in each state and territory, see our resources below

For information on charity reporting, see our webpage on reporting to the ACNC.


Do you need a licence and in which states or territories?

If you are fundraising locally (for example by holding trivia nights in your area), you only need to comply with the fundraising laws of the state or territory that you are in (and in certain circumstances, local council regulations).

If you are fundraising online, you will need to think about whether you are fundraising more broadly than the state or territory that you are based in. You should consider how your campaign will be promoted. If you will actively promote your campaign in several states or territories, then you will need to consider whether you need a licence, and what laws apply to your fundraising, in each of those states or territories.

Larger organisations sometimes run national campaigns. Where this is the case, the organisation will need to consider and comply with each state and territory's fundraising laws.

Guide to fundraising laws in Australia


Our guide is designed to help organisations that fundraise in multiple states and territories to navigate the different fundraising regimes across Australia. The guide sets out the various legal requirements that apply.

Guide to fundraising laws in Australia
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Guides to fundraising laws in each state or territory


Our state-based fundraising guides below are designed to help you comply with fundraising laws in each jurisdiction.

Each state-based fundraising guide covers:

  • which activities are considered fundraising activities
  • when your group will need to register to fundraise
  • ongoing obligations for all fundraisers (whether required to be registered or not)
  • other laws you need to consider when fundraising (such as lottery permits)
  • when your group needs to consider fundraising laws and licensing requirements in other states
  • issues to consider when fundraising online, and
  • issues to consider when using third party fundraisers

What are your fundraising requirements if your organisation is an ACNC-registered charity?

Some states and territories don’t require ACNC-registered charities to apply for a fundraising licence. In these states and territories, ACNC registration itself is enough to allow a charity to fundraise, as long as any notification requirements are fulfilled. However, a fundraising licence is still required for registered charities in some jurisdictions.

Our fact sheet provides an overview of fundraising licence requirements for ACNC-registered charities in each state and territory.

State and territory fundraising requirements for ACNC registered charities
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What are the fundraising application processes and requirements in each state and territory?

Our fact sheet provides:

  • an overview of the fundraising application process and requirements in each jurisdiction, and
  • a checklist of documents required for fundraising applications in each jurisdiction
Requirements to fundraise in each state and territory
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Don’t forget to refer to our state and territory based guides to fundraising as well.


Other laws you should be aware of

There are a range of other laws that might be relevant to your fundraising.

The Australian Consumer Law (ACL) sets out rules against misleading and deceptive conduct and unconscionable conduct. If your organisation makes a representation that it will do something in particular with funds raised, then it should be careful to keep that promise.

More information  

For more information about the ACL, see our guide, 'The laws of advertising and your community organisation' on our advertising page.


Auditing of fundraising accounts

Each state and territory has its own rules relating to fundraising audits. The meaning of 'audit' and 'auditor' is different under each of these fundraising regimes.

Our fact sheet sets out the different definitions of 'auditor' in each state and territory. The fact sheet is designed to help organisations meet their reporting obligations when they engage in regulated fundraising activities.

Who can audit fundraising accounts
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More information


The content on this webpage was last updated in August 2024 and is not legal advice. See full disclaimer and copyright notice.


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This is legal information only and does not constitute legal advice. You should always contact a lawyer for advice specific to your situation.


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