Fundraising Legislation and Regulations on Alcohol, Gambling and Food

Fundraising Legislation and Regulations on Alcohol, Gambling and Food

THE TAKEAWAY: When you are raising money it is important that you comply with all the relevant legislation and regulations surrounding fundraising, food handling, gambling and the sale of alcohol.

Click on your state below to access the relevant legislation and requirements linked to fundraising through gaming, alcohol sales and other permits.

**Important Note: Unfortunately fundraising legislation varies from state to state which will mean that if you are looking to fundraise on a national basis, you will need to take the time to comply with the relevant fundraising legislation in each state.

Alcohol regulations

Australian Capital Territory
New South Wales
Northern Territory
Queensland
South Australia
Tasmania
Victoria
Western Australia

Gambling Regulations

Australian Capital Territory
New South Wales
Northern Territory
Queensland
South Australia
Tasmania
Victoria
Western Australia

Food Regulations

Australian Capital Territory
New South Wales
Northern Territory
Queensland
South Australia
Tasmania
Victoria
Western Australia

Fundraising Legislationby State

Fundraising Legislation: ACT

Do I need an authority to fundraise?
How do I apply for an authority to fundraise?
Can I find out if I already have an authority to fundraise?
How can I collect donations through GiveNow?

**Important Note: Fundraising regulations may change from time to time. To ensure you have access to the most current information, check with the Office of Regulatory Services.

Do I need an authority to fundraise?

The Charitable Collections Act 2003 covers all charitable collections in the ACT except those that are specifically exempt.

It is good practice to first assume that you and your organisation’s activities are covered and then check to see whether your activity falls into any of the exempt categories below:

organisations that raise less than $15,000 a year
churches – raising funds on the premises
schools – voluntary contributions or other activities that raise funds from students,
parents, friends, P&C and alumni for educational activities and the school membership fees for clubs and associations
workmates, clubs or meetings raising funds from the people on the premises for the benefit of each other (raffles, say, or passing the hat for a card and present)

Other exemptions include:

corporate sponsorship
government grants
lotteries
overseas donations to AusAid accredited agencies
wills.

This is not an exhaustive list. If you are in any doubt about whether you need a licence or not, contact the Canberra Connect Contact Centre on 13 22 81.

How do I apply for an authority to fundraise in the ACT?

For full details regarding the operation of the Charitable Collections Act 2003 Act click here.

To apply for a Charitable Collection Licence click here.

The Office of Regulatory Services is responsible for issuing charitable collection licences in the Act , they can be contacted here:

Department of Justice and Community Safety, Office of Regulatory Services
255 Canberra Ave
Fyshwick, ACT 2609

For further information contact the Department on (02) 6207 3000(02) 6207 3000, or visit the website here.

Can I find out if I already have an authority to fundraise?

The Register of approved Charitable Collection Licenses in the ACT can be viewed here.

How can I collect donations through GiveNow?

The GiveNow.com.au online donations service is offered free to any community group in Australia, regardless of size, purpose or tax status.

GiveNow allows any community group with a bank account and the will to raise funds to take advantage of this important and rapidly growing mode of fundraising.

GiveNow, which is an initiative of the Our Community Foundation, charges no commissions for processing donations. We pass on 100% of the donation to your group, less the standard fees charged by the credit card companies for processing costs. We have negotiated a reduced charge for most major credit cards. We can also accept donations via direct debit – 100% of donations via direct debit are passed on to the organisation, no fees are deducted whatsoever.

For further information, and to register your cause and start fundraising, click here.

Fundraising Legislation: NSW

Do I need an authority to fundraise?
How do I apply for an authority to fundraise?
Other relevant fundraising information
How can I collect donations through GiveNow?

**Important Note: Fundraising regulations may change from time to time. To ensure you have access to the most current information, check with the Department of Trade and Investment, Regional Infrastructure and Services.

Do I need an authority to fundraise?

Yes. You will be required to hold an authority to fundraise if you are looking to fundraise from the public of New South Wales for a charitable purpose, unless you are subject to one of the exemptions outlined below.

An authority to fundraise may be granted initially for a period of two years, at the end of which the authority-holder is invited to apply for a renewal. If everything is in compliance with the legislative requirements, your authority will be renewed for a period of five years. Your authority to fundraise covers an infinite number of appeals over its duration.

Exemptions apply in the following cases:

If your organisation is established under an Act and subject to the control and direction of a Minister, fundraising appeals may be conducted without the need for an authority to fundraise. You should contact the Department of Trade and Investment, Regional Infrastructure and Services for advice in this area.
In certain instances religious organisations are exempt. Again, contact the Department of Trade and Investment, Regional Infrastructure and Services for advice in this area.

For more information on the NSW authority to fundraise visit the NSW Office of Liquor, Gaming and Racing website.

**Important Note: NSW fundraising licences have an expiry date and must be renewed before this date. It is the responsibility of the authority-holder to keep track of this and ensure your licence is renewed and current.

How do I apply for an authority to fundraise?

An application form can be obtained by contacting the Department of Trade and Investment, Regional Infrastructure and Services or by downloading an application form (the form can be downloaded from this page). The form cannot be lodged online.

There is no fee associated with making the application or being granted an authority to fundraise.

In practice, authorities will be issued for a specific period, such as five years. Conditions may be attached. There is no fee associated with making the application or being granted an authority to fundraise.

For further information contact:

Department of Trade and Investment, Regional Infrastructure and Services
(via existing OLGR contacts and links) Level 6, 323 Castlereagh Street, Haymarket
GPO Box 7060, Sydney NSW 2001
Telephone: (02) 9995 0300(02) 9995 0300
Facsimile: (02) 9995 0669
Email:
Website:

Other relevant fundraising information

The relevant legislation for NSW is the Charitable Fundraising Act 1991. For an outline of the main features of the Act, head to the Office of Liquor, Gaming and Racing website.

The request or acceptance of any money, property or other benefit from the public is considered a fundraising appeal if a representation is made (or implied) that the appeal is for a charitable purpose or for the support of an organisation having a charitable object.

An appeal may take a variety of forms:

Donations
Sponsorship
Telethons
The conduct of lotteries and competitions
The supply of food, entertainment or other goods or services

A membership drive undertaken by an organisation is a fundraising appeal if one of the objects of the organisation is of a charitable purpose.

Each of the following does not constitute a fundraising appeal for the purposes of the Act:

A request for renewal of membership fees
An appeal by the organisation to its membership
A request that property be devised or bequeathed
Workplace appeals (an appeal conducted among persons sharing a common employer or place of work to directly assist another employee or the employee's immediate family)
An application for a grant, sponsorship, etc. from a commonwealth, state or local government authority
A request for – or the acceptance of – money from a person if the money is wholly payable by the person as the genuine fee or charge for the provision of
Educational facilities or services
Child-minding services
Goods and services through supported employment services for people with disabilities
Nursing and medical services
Other care or welfare services.

How can I collect donations through GiveNow?

The GiveNow.com.au online donations service is offered free to any community group in Australia, regardless of size, purpose or tax status.

GiveNow allows any community group with a bank account and the will to raise funds to take advantage of this important and rapidly growing mode of fundraising.

For further information, and to register your cause and start fundraising, click here.

Fundraising Legislation: Northern Territory

Do I need an authority to fundraise?
How do I apply for an authority to fundraise?
Other relevant fundraising information
How can I collect donations through GiveNow?

**Important Note: Fundraising regulations may change from time to time. To ensure you have access to the most current information, check with the Department of Business.

Do I need an authority to fundraise?

Only if you are selling raffle tickets – you will require a lottery permit to do this. You will also need to make sure that you are registered as an approved association.

How do I apply for an authority to fundraise?

There are two steps to applying for an authority to fundraise:

Step One: Apply for Approved Association Status
Any incorporated organisation selling raffle tickets will first need to be registered as an approved association. Click here for the application form - this will need to be renewed on an annual basis.
Step Two: Apply for a Major Lottery Permit
A permit to conduct a major lottery is available only to an approved association. It allows the association to conduct a lottery whose planned ticket sales exceed $600 (and let’s face it, you should be aiming high every time you run a lottery!). A new permit is required for every major lottery. Application forms can be found here.

Other relevant fundraising information

Raffle and Gaming activities are covered by the Gaming Control Act 1993.

How can I collect donations through GiveNow?

The GiveNow.com.au online donations service is offered free to any community group in Australia, regardless of size, purpose or tax status.

GiveNow allows any community group with a bank account and the will to raise funds to take advantage of this important and rapidly growing mode of fundraising.

For further information, and to register your cause and start fundraising, click here.

Fundraising Legislation: Queensland

Do I need an authority to fundraise?
How do I apply for an authority to fundraise?
Other relevant fundraising information
How can I collect donations through GiveNow?

**Important Note: Fundraising regulations may change from time to time. To ensure you have access to the most current information, check with the Office of Fair Trading.

Do I need an authority to fundraise?

Yes, if you are looking to publically fundraise. You will need to either be registered as a charity or apply for a 'sanction' with the Office of Fair Trading.

How do I apply for an authority to fundraise?

Before you conduct a fundraising appeal, you will need to obtain authorisation from the Queensland Office of Fair Trading. An appeal for support includes any invitation to the public that is designed to obtain money or articles for a charitable or a community purpose.

There are two ways to obtain an authorisation:

Apply to the Office of Fair Trading for registration of your organisation as a charity; or
Apply to the Office of Fair Trading for the granting of a sanction.

1. Registration of a charity

To register your group as a charitable association you must:

be an association of three or more people
have a constitution that contains a non-profit clause stating that the association must use its income and property to promote its objectives and not distribute it among members nor pay dividends to members.

The Queensland Office of Fair Trading lists three ways to register:

Register the organisation as a charity. To be registered as a charity, the organisation’s objectives must be fully charitable as defined in the Collections Act 1966.
Apply for a sanction to fundraise for a community purpose. Where an organisation’s purposes are not fully charitable or are for purposes which benefit the community, the Office may grant a sanction to the organisation to enable it to fundraise.
Apply for a short term sanction. The Office can issue sanctions that authorise an organisation or a group of individuals to conduct a one-off charitable appeal. A constitutional document is not required if it is intended that the funds will be dispersed shortly after raising them.

Being an incorporated association is not a prerequisite for registration as a charity or the granting of a sanction. Unincorporated associations, such as charitable trusts, can also apply.

2. Applying for a sanction to fundraise for a community purpose

The Queensland Office of Fair Trading can issue sanctions for one-off charitable appeals if an organisation does not want to register as a charity. The organisation will need to provide:

A copy of the organisation's constitution certified by two governing body members. (A sanction may be granted if a group does not have a constitutional document. This applies to a small group of concerned people wishing to run a short-term appeal.)
A copy of the resolution or minutes where the organisation resolved to apply for registration certified by two governing body members.
A copy of the organisation's most recent balance sheet or a statement of its financial affairs.

Application forms and further information can be found at the Queensland Office of Fair Trading website.

Other relevant fundraising information

Any organisation that wishes to publicly fundraise for a charitable or a community purpose in Queensland is governed by the Collections Act 1966.

To be registered as a charity, an association's objectives must be fully charitable as defined in the Act. These objectives include the supplying of help, aid, education, relief or support to any persons in distress. If the purpose of your appeal does not fit these objectives but is for a community purpose, you may be required to apply for a sanction.

How can I collect donations through GiveNow?

The GiveNow.com.au online donations service is offered free to any community group in Australia, regardless of size, purpose or tax status.

GiveNow allows any community group with a bank account and the will to raise funds to take advantage of this important and rapidly growing mode of fundraising.

For further information, and to register your cause and start fundraising, click here.

Fundraising Legislation: South Australia

Do I need an authority to fundraise?
How do I apply for an authority to fundraise?
Other relevant fundraising information
How can I collect donations through GiveNow?

**Important Note: Fundraising regulations may change from time to time. To ensure you have access to the most current information, check with the Office of the Liquor and Gambling Commissioner.

Do I need an authority to fundraise?

Yes, you do. There are two type of licence, depending on the activities you're planning:

Section 6 Licence for the collection of money or the sale of goods or devices,
Section 7 Licence for conducting entertainment for an admission fee.

How do I apply for an authority to fundraise?

There are two type of licence. Both are free, and both are for 12 months:

Section 6 Licence

Any organisation that wishes to do any of the following needs to hold a Section 6 Licence:

collect or attempt to collect any money or goods; or
obtain or attempt to obtain money by the sale of any disc, badge, token, flower or other device for a charitable purpose; or
obtain a bequest or grant of money or property for a charitable purpose.

Section 7 Licence

Any organisation that wishes to conduct any entertainment to which a charge for admission is made with all or part of the proceeds going to a charitable purpose must hold a Section 7 Licence.

Licence application forms can be found on the South Australia Office of the Liquor and Gambling Commissioner’s website.

Other relevant fundraising information

The Collections for Charitable Purposes Act, 1939 seeks to regulate charitable fundraising activities.

Fundraising activities include:

Doorknock appeals
Telemarketing
Donations to clothing bins
Sales of goods at secondhand shops
Seeking bequests
Badge days
Public appeals
Film nights

Charitable organisations that are not collecting for a charitable purpose as described above do not require licensing (e.g. religious organisations, environmental groups and educational institutions). For further information, click here.