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Does an organisation need a fundraising licence to fundraise on its website, on social media, or through an email campaign?
Online fundraising is just as susceptible to state and territory fundraising laws as door knocking. Because the internet crosses borders, an online appeal is often technically ‘taking place’ in multiple states and territories simultaneously, requiring compliance with different local laws.
The laws that apply depend on where the fundraising activity is considered to be ‘taking place’.
Where digital fundraising ‘takes place’
State and territory regulators generally consider fundraising to occur in any jurisdiction where:
- the request for a donation (the appeal) is made, such as where the organisation is based, where the website is maintained or where the email is sent from
- the fundraising communications are received, such as where a person views a social media post or opens a campaign email
- the making of the donation occurs, such as where a donor is located when they fill out an online form, and
- the receipt of the donation occurs, such as at the organisation's headquarters
This means a broad online campaign may require an organisation to comply with the laws in all states and territories where potential donors are located.
Requirements in each state and territory for online appeals
While most jurisdictions regulate digital appeals, the requirements vary. See Does a fundraiser need a fundraising license?
Impact of ACNC registration
If an organisation is a charity registered with the ACNC, it can often access streamlined or ‘deemed’ registration for online fundraising. See Does a charity registered with the ACNC need a fundraising licence?
Strategy for managing multiple jurisdictions
To reduce the administrative burden of multiple registrations, some organisations choose to limit their campaign to specific states and territories.
This may involve:
- clearly stating on campaign materials which states and territories the appeal relates to
- requiring donors to confirm they are in those specific states and territories before they are permitted to donate, and/or
- rejecting donations received from states or territories that the campaign was not targeting
By using this strategy and otherwise ensuring it does not engage in any fundraising related activities in the excluded states and territories, the organisation only needs to comply with the fundraising regulations in the jurisdictions listed in the campaign.
View our guide to fundraising laws in Australia for more information.
The content on this webpage was last updated in May 2026 and is not legal advice. See full disclaimer and copyright notice.
