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What are the obligations of an organisation (not registered as a charity with the ACNC) with a fundraising license?
Organisations that are not registered as charities with the ACNC and hold a fundraising license (or authority) are subject to significant state-based conduct, financial, and reporting obligations. Because they cannot access the streamlined ‘red tape reduction’ processes available to ACNC-registered charities, these organisations must manage their compliance directly with the relevant state or territory regulator.
We have set out a high level summary of some of the key themes below. Each state and territory’s laws have nuanced requirements that in a number of cases are not consistent with any other state or territory.
View our guide to fundraising laws in Australia for more information.
Ethical conduct and the National Principles
In South Australia, New South Wales and the ACT, fundraisers are now required to follow the 16 National Fundraising Principles. These include:
- truthfulness – fundraisers must never mislead or deceive donors or use false information
- transparency – representatives must explain the purpose of the charity and how the funds will be used in an audience-appropriate manner
- identifiable to the public – volunteers and personnel must be clearly identifiable to the public
- pressure and exploitation – charities must not place undue or unreasonable pressure on potential donors or exploit vulnerable circumstances
- compliance with requests – if a person refuses to donate or asks to stop receiving marketing, the charity must acknowledge and comply with that request.
Note: The National Fundraising Principles also apply in Victoria but currently only to ACNC-registered charities. See The National Fundraising Principles.
All fundraising campaigns must be truthful, and no misrepresentations can be made regarding the purpose of the appeal or how funds will be used. There are specific obligations in a number of state and territory fundraising laws but – even where a state or territory law doesn’t cover it, deceptive fundraising is likely to breach other laws and give rise to liability.
Identify collectors
A number of states and territories have specific rules relating to collectors. In some cases, such as for NSW and Victoria, these rules apply in addition to the National Fundraising Principles.
Collectors must generally wear a numbered identification badge that includes the ACNC-registered charity’s name, contact details, the collector’s name, and whether they are a volunteer or a paid collector. Local rules need to be consulted. For example, in New South Wales there is a specific requirement for badges that are signed and dated by the authorised fundraiser, and in the ACT face-to-face collectors must provide the purpose of the collection and a business telephone number for the licensee
Protection of children
If children are involved in fundraising, the organisation must comply with strict state-based age and supervision rules. These can include things such as:
- minimum age (for example, in New South Wales, the minimum age for volunteering is eight years)
- children must be adequately supervised by an adult, with specific limits on the number of hours they can work (for example, in New South Wales, no more than four hours on a school day)
- requirements for parental / guardian support
Financial management
Non-ACNC-registered organisations have rigorous requirements for handling donated funds:
- dedicated bank accounts – in some states and territories, there are specific requirements regarding the use of a dedicated bank account and a minimum number of signatories
- deposit timeframes – funds must be banked within strict timeframes. For example, typically within five days in the ACT, seven days in Western Australia, and ‘immediately’ in New South Wales
- receipts – a charity must generally issue a receipt for any personal donation (in some states and territories, where the amount exceeds $2.00)
- expense limits – expenses must be lawful and proper. A number of states and territories have specific requirements. For example, in New South Wales, fundraisers must take all reasonable steps to ensure that total expenses do not exceed 50% of the gross proceeds for donation-only appeals (with no associated supply of goods or services).
Reporting and record keeping
Unlike ACNC-registered charities, these organisations must lodge financial reports directly with state regulators:
- Annual financial returns – Organisations must submit annual statements or returns detailing income, expenditure, and beneficiary distributions. The deadlines to do this vary. For example, in the ACT the deadline is within 120 days of the year-end (or licence end date), in Western Australia it’s six months and in Queensland it’s seven months.
- Audits – Independent audits are often mandatory if fundraising income exceeds specific thresholds. For example, $50,000 in the ACT or $250,000 in NSW. In Queensland, sanctioned one-off appeals must provide audited statements within four weeks of the appeal's end.
- Record retention – financial records and details of all persons associated with the appeal must generally be kept for seven years.
Notification obligations
Organisations generally must inform their state regulator of any changes in circumstances within specified timeframes (often 14 to 28 days). This includes changes to the organisation's name, address, objects, constitution, or key personnel (such as directors or the nominated person for a license)
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.
