Registered charities as deemed fundraising authority holders in NSW

Deemed authority to fundraise in NSW

Under NSW’s automatic deemed recognition model, a charity is automatically authorised to fundraise in NSW if:

• it is registered with the ACNC
• it has notified the ACNC that it intends to conduct a fundraising appeal in NSW
• the deemed authority is not suspended or cancelled under the NSW charitable fundraising laws.

Registered charities that meet these requirements are known as ‘deemed authority holders’.

As a deemed authority holder, you do not need to:

• apply to NSW Fair Trading for a NSW fundraising authority
• report annually to NSW Fair Trading
• submit a written compliance statement
• comply with NSW specific-record keeping requirements
• notify NSW Fair Trading of specific changes or circumstances
• comply with the following governance-related Standard Conditions:
  • organisations must submit audited annual financial statements to AGM
  • management of organisations
  • internal dispute resolution processes.

Deemed authority holders must still comply with all other NSW charitable fundraising laws while fundraising in NSW.  

Your deemed authority is ongoing unless:

• you lose your ACNC charity status, or
• NSW Fair Trading suspends or cancels your deemed authority.

Check if your organisation has deemed authority

Check if your organisation needs to do anything to receive deemed authority to fundraise in NSW.

Registered with ACNC and hold a NSW fundraising authority

You don’t need to do anything. Your fundraising authority automatically becomes a 'deemed authority'.

Planning to register as a charity with the ACNC and either intend to fundraise in NSW or already hold a NSW fundraising authority

You need to register with the ACNC and indicate on the registration form that you intend to fundraise in NSW. The ACNC will share this information with NSW Fair Trading.

Registered with ACNC and plan to start fundraising in NSW

You need to notify the ACNC that you intend to fundraise in NSW. The ACNC will share this information with NSW Fair Trading. 

Conditions of a deemed authority

You must comply with the:

• National Fundraising Principles (Principles)
• NSW Standard Conditions, which operate to supplement the Principles.

The Principles and the Standard Conditions are prescribed conditions of an authority.

The following governance-related Standard Conditions do not apply to deemed authority holders:

• organisations must submit audited annual financial statements to AGM
• management of organisations
• internal dispute resolution processes.

NSW Fair Trading can suspend, cancel or apply conditions to your deemed authority if there are:

• breaches of any conditions of the authority
• allegations of misleading or fraudulent behaviour.

More information about conditions for fundraisers is available in the Charitable Fundraising Guidelines.

Financial reporting for deemed authority holders

You do not need to report to NSW Fair Trading as long as you comply with ACNC reporting requirements and maintain your ACNC registration.

You must report to the ACNC once a year by using the ACNC portal to lodge the ACNC Annual Information Statement.

Record keeping for deemed authority holders

You must comply with the following record keeping requirements:

• Principle 3 of the National Fundraising Principles – Keep records of fundraising activities
• Principle 12 of the National Fundraising Principles – Keep financial records
• Records of employment for child participants Standard Condition
• ACNC record-keeping obligations.

Your organisation is exempt from NSW-specific record-keeping requirements as long as you continue to meet ACNC reporting obligations and maintain your ACNC registration.

Failure to comply with fundraising requirements

Penalties may apply if you do not meet the mandatory requirements of the Principles or Standard Conditions.

NSW Fair Trading can also suspend, cancel or apply conditions to your deemed authority for various reasons, including if there are:

• failures to comply with the charitable fundraising laws
• breaches of any conditions of the authority
• allegations of misleading or fraudulent behaviour.

NSW Fair Trading will give you written notice which will specify:

• the date or time from which the suspension or cancellation takes effect
• the period of suspension
• the grounds for the suspension or cancellation.

You can apply to the NSW Civil and Administrative Tribunal (NCAT) for administrative review of the suspension or cancellation.

Losing your deemed authority to fundraise in NSW

Your organisation can lose deemed authority status and the right to fundraise in NSW if:

• you cease to be registered with the ACNC, for example your charity status was revoked, or
• NSW Fair Trading has suspended or cancelled your deemed authority.

You will not be able to regain deemed authority status if NSW Fair Trading has suspended or cancelled the authorisation.

If your organisation’s deemed authority status ceases, your organisation:

• cannot conduct a fundraising appeal unless it regains its deemed authority or obtains a NSW fundraising authority
• may be required to comply with NSW financial reporting and record-related requirements.

If you continue fundraising in NSW after you lose your deemed authority, you are breaching the NSW charitable fundraising laws.

Financial reporting for registered charities that are incorporated associations

You can receive relief from NSW financial reporting requirements if your charitable organisation is:

• a NSW incorporated association
• registered with the ACNC.

More information is available on the financial reporting for incorporated associations page.