Authority to fundraise in NSW

Who must hold an authority to fundraise

If an individual or organisation (whether incorporated or unincorporated) intends to conduct a fundraising appeal for charitable purposes in NSW, they must hold an authority or deemed authority to fundraise unless exempted. Applications for an authority should be made to NSW Fair Trading.

Charities registered with the Australian Charities and Not-for-profit Commission should visit the deemed authority for registered charities page for more information on gaining a deemed authority.

An applicant for an authority to fundraise will be assessed to ensure all the persons proposing to conduct the fundraising appeal, and all the persons associated with the proposed appeal, are fit and proper persons.

An individual will not be considered a fit and proper person to be associated with a fundraising appeal not limited to but specifically if:

• in the last 10 years they have been found guilty of an offence involving fraud or dishonesty
• they have been convicted of an offence against the NSW Charitable Fundraising laws
• they have been declared bankrupt or entered in an insolvency arrangement such as a deed of agreement with creditors.

An organisation will not be considered fit and proper to be associated with a fundraising appeal if:

• a director or person involved in its management would not be considered a fit and proper person as above; or
• the corporation becomes insolvent, is placed in liquidation, external administration or wound up.

Who is exempt or does not need a fundraising authority

Not all charitable fundraisers are required to hold an authority (or deemed authority) to conduct a fundraising appeal in NSW. However there are still general provisions in NSW laws that must be complied with.

Categories exempt from holding an authority

Small fundraisers

A person or organisation can conduct a fundraising appeal without holding an authority if:

• gross annual fundraising is $15,000 or less
• they do not receive any remuneration for conducting fundraising appeals, other than the payment of lawful and proper expenses
• they only use volunteers to participate in fundraising appeals.

Universities

Universities and entities controlled by universities can conduct a fundraising appeal without holding an authority.

An entity controlled by a university means a person, group of people or body of which a university, or the council, board or Senate of a university, has the level of control defined in Australian Accounting Standards. 

Local councils

Local councils as well as trustees of trusts can conduct a fundraising appeal without holding an authority if any of the following apply:

• a council is a trustee
• a mayor, councillor, general manager, public officer or senior staff member of a council is a trustee by virtue of holding that office
• a person nominated by a council is a trustee by virtue of being a person nominated by the council.

Parents and citizens associations

A parents and citizens association constituted in connection with a government school under the Education Act 1990 can conduct a fundraising appeal without holding an authority.

However, Parents and Friends Associations in non-state government schools, such as private schools or independent faith schools, need to hold an authority to fundraise as they do not fall under the portfolio and control of the NSW Minister for Education and Early Learning.

Traders (commercial fundraisers)

Traders are not required to hold an authority to fundraise. instead, any fundraising appeal they conduct must be done jointly with an authority (or deemed authority) holder.

For more information, visit Appeals conducted jointly with traders.

Exempt from the Act (no authority required)

Religious body

A religious body or religious organisation which is a recognised denomination for the purposes of the Marriage Act 1961 (Cth) is exempt from the act, so an authority to fundraise is not required.

These organisations must still comply with section 48 (remuneration of board members).
 

Exempt activities

Visit Conducting a fundraising appeal to see the list of activities that do not require an authority because they are not considered fundraising appeals.

How to become an authority holder

To apply for or renew an authority, you can apply online or download and email the application form. There is no application fee. 

NSW Fair Trading will generally issue an authority for five years. Authorities can be renewed up to three months after they have expired.

To check the status of an existing authority to fundraise, contact charity.inquiries@customerservice.nsw.gov.au.

To check if an organisation may have deemed authority as a registered charity, visit the ACNC charity register.

Registering with the ACNC

The ACNC is a Commonwealth Government agency. It registers and regulates charities nationally, mainly for taxation purposes. The ACNC does not regulate fundraising, which is regulated at a state and territory level.

To access charity tax concessions and other benefits, you may need to register as a charity with the ACNC. Registration with the ACNC is voluntary.

Each organisation conducting charitable fundraising appeals should consider whether ACNC registration is appropriate based on their own circumstances and eligibility.

For more information, contact the ACNC. Visit www.acnc.gov.au or call 13 22 62.

Registered charities have deemed authority to fundraise in NSW

You do not need to register with the ACNC to apply for or hold a NSW charitable fundraising authority.

If you do register with the ACNC and notify the ACNC of your intention to fundraise in NSW, you will automatically gain a 'deemed authority' to fundraise in NSW. This means you do not need to apply for or hold a NSW charitable fundraising authority.

Learn about deemed authority for registered charities.