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State, territory and local government requirements for not-for-profits

Fundraising activities such as bingo, raffles and doorknock appeals are regulated by state and territory authorities. If your organisation's fundraising activities involve the use of a public place, you should check with your local council about its requirements.

Last updated 26 June 2018

States, territories and local governments have their own laws regulating the fundraising activities of NFP organisations.

The information about state and territory fundraising has been provided by the regulators for that state or territory – you should check with the regulator to make sure information is current.

Find out about:

Australian Capital Territory

Fundraising in the Australian Capital Territory is regulated by:

  • ACT Gambling and Racing Commission
  • Access Canberra.

These regulators have provided the information in this section.

ACT Gambling and Racing Commission

What types of fundraising activities are regulated?

The relevant legislation is the Lotteries Act 1964. While the definition of 'lottery' is broad, fundraising activities regulated by the Commission are primarily raffles, housie (bingo) and, to a lesser degree, calcuttas.

What permits or approvals are required?

Generally, a permit is required to conduct the abovementioned activities. There may be exceptions where either:

  • the organisation is NFP and the prize value is less than $500
  • a club/association wants to conduct a lottery among members only and there is no external advertising.

A copy of Information and conditions for each fundraising activity is available on the Commission's website (see below).

Other issues to consider

For housie applications, the Commission may also need to consider provisions under the Gambling and Racing Control (Code of Practice) Regulation 2002. A copy is available on the Commission's website.

To contact the ACT Gambling and Racing Commission:

Access Canberra

What types of fundraising activities are regulated?

In the ACT, all types of collections made for charitable purposes are regulated by the Charitable Collections Act 2003. Collections include money or goods donated or sold. They include personal door-to-door and public place collections, collection bins, collections by telephone, written appeals, internet and other forms of electronic communication.

What permits or approvals are required?

Unless exempt, collecting for charity requires a licence. A licence application form is available on Access Canberra's website (see below).

Do you need a licence?

You must have a licence (or be included on the licence of a current licensee) if you intend to conduct a collection within the ACT that is not exempt under the Charitable Collections Act 2003. For more information, visit Access Canberra's website.

Exempt collections

For some types of collections the Charitable Collections Act 2003 provides exemption from the requirement to be licensed.

The following are declared not to be a collection:

  • where money is received by a school and is a genuine fee or charge by the school for educational purposes, or a voluntary contribution to the school for educational purposes that is solicited or received from a person with parental responsibility for a child who is enrolled at the school
  • where the collection is less than $15,000 in a financial year, or
  • where the collection is undertaken by an organisation accredited by AusAID.

We recommend that you visit Access Canberra's website for charitable collections in the ACT. The site provides access to a greater level of information on the licensing and reporting requirements under the Act, and provides easy access to all forms required by applicants and/or licensees in meeting the obligations under the Act.

To contact Access Canberra:

New South Wales

Charitable fundraising in New South Wales is regulated by NSW Fair Trading.

This regulator has provided the information in this section.

NSW Fair Trading

What types of fundraising activities are regulated?

In New South Wales, the raising of money for a charitable purpose – that is, conducting a fundraising appeal for a charitable purpose – is governed by the Charitable Fundraising Act 1991.

The soliciting or receiving of any money, property or other benefit from the public constitutes a fundraising appeal for a charitable purpose if a representation is made (this may be 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 games of chance, the supply of food, entertainment or other goods or services, or in connection with any other commercial undertaking. A membership drive undertaken by an organisation is a fundraising appeal if one of the objects of the organisation is a charitable object. The term is not limited to simple collections from the public.

If your organisation conducts fundraising appeals for a purpose that is not charitable, then the raising of that money is not governed by the Charitable Fundraising Act 1991.

However, if this fundraising includes a form of lottery or game of chance, it may be governed by the Lotteries and Art Unions Act 1901. Persons, charities and other organisations may be authorised under this Act to conduct certain lotteries and games of chance as fundraising activities, social pastimes or entertainment, or to promote the sale or use of products or services.

These lotteries and games of chance include activities such as raffles, art unions, charity housie and lotteries for the promotion of a trade or business.

What permits or approvals are required?

If your organisation intends to fundraise for a charitable purpose it must hold an authority to fundraise, which is a form of NSW government licence. NSW Fair Trading is responsible for issuing this type of licence.

If you are a person or an organisation who intends to fundraise for a charitable purpose you must be an authorised fundraiser. However, an authority will only be issued to a natural person in exceptional circumstances.

If you intend to fundraise for a charitable purpose in the name of, or on behalf of, another organisation, the appeal must be authorised by that organisation which in turn must either be an authorised fundraiser or be exempt from the need to be an authorised fundraiser.

Some organisations are allowed to conduct fundraising appeals for a charitable purpose without holding an authority to fundraise, if they are established under a New South Wales Act and are subject to the control of a New South Wales government minister. However, these organisations are still required to comply with the other provisions of the Charitable Fundraising Act 1991. Parents and citizens associations and New South Wales state emergency services are examples of such organisations.

Certain religious bodies are also exempt from most provisions of the Charitable Fundraising Act 1991.

An authority to fundraise is issued with certain conditions, which are aimed at ensuring financial, fundraising and management accountabilities.

Some forms of lotteries and games of chance require a permit. These include art unions, charity housie, lucky envelopes and chocolate wheels.

To contact NSW Fair Trading:

See also:

For information about licence holders, visit onegov.nsw.gov.au

Northern Territory

Fundraising in the Northern Territory is regulated by the Licensing, Regulation and Alcohol Strategy Division, NT Department of Business.

This regulator has provided the information in this section.

Licensing, Regulation and Alcohol Strategy Division, NT Department of Business

What types of fundraising activities are regulated?

The relevant legislation is part IV of the Gaming Control Act and attendant Regulations, which regulate the following activities:

  • lotteries
  • trade lotteries
  • games of chance in the nature of a lottery (raffles, sweepstakes, calcuttas, bingo, mini-lotto and tipping competitions).

What permits or approvals are required?

A permit is required to conduct lotteries and trade lotteries that offer a total prize pool of more than $5,000. A permit is not required for trade lotteries that have been granted a permit interstate.

Minor lotteries: A minor lottery is where the total value of tickets available for sale is between $5,001 and $20,000.

Major lotteries: A major lottery is where the total value of tickets available for sale exceeds $20,000.

Trade lotteries: A trade lottery is where the total value of prizes offered exceeds $5,000.

Other issues to consider

Only approved associations, or a person who has obtained the express permission of the minister, may conduct a lottery or game in the nature of a lottery in the Northern Territory. Any person carrying on a trade or business in the Territory may conduct a trade lottery.

To contact the Licensing, Regulation and Alcohol Strategy Division, NT Department of Business:

  • visit dob.nt.gov.au/gambling-licensing
  • phone (08) 8999 1800
  • fax (08) 8999 1888
  • mail

    Licensing, Regulation and Alcohol Strategy Division
    NT Department of Business
    PO Box 1154
    DARWIN NT 0801

Queensland

Fundraising in Queensland is regulated by the:

  • Office of Fair Trading, Queensland
  • Office of Liquor and Gaming Regulation.

These regulators have provided the information in this section.

Office of Fair Trading, Queensland

What types of fundraising activities are regulated?

The Office of Fair Trading (OFT) administers the Collections Act 1966, which regulates charitable associations and community purpose organisations that conduct appeals for public support or fundraising in Queensland. Any organisation that wants to publicly fundraise for a charitable or community purpose is governed by this Act.

Activities regulated by OFT under the Collections Act 1966 include:

  • fundraising appeals
  • door-to-door appeals and street collections, and
  • commercial appeals on behalf of charities by entrepreneurs.

What permits or approvals are required?

Under the Collections Act 1966, you may require either of the following two approvals.

Registering a charitable association

To be registered as a charitable association, an association's objectives must meet the definition of 'charitable purpose' under the Collections Act 1966. The applicant needs to complete Form 1 – Application for registration and lodge it with OFT for approval.

If approved, OFT will issue the applicant with Form 2 – Certificate of registration as a charity. It is a one-off requirement for each charity to register if it intends conducting appeals for support. A registered charity may continue to fundraise until its registration is cancelled or it is directed to cease fundraising.

Obtaining a sanction for authority to fundraise

Organisations wanting to fundraise or conduct an appeal for a community purpose may be required to apply for a sanction. The applicant needs to complete Form 5 – Application for sanction and lodge it with OFT for approval.

If approved, OFT will issue the applicant with Form 6 – Certificate of sanction. The organisation may continue to fundraise until the sanction expires, it is cancelled or it is directed to cease fundraising.

What is the difference between a charitable association and community purpose organisation?

A charitable association is an organisation established solely for any charitable purpose as defined by the Collections Act 1966. A community purpose organisation is an organisation that raises funds or conduct appeals for the general welfare of the community.

See also:

Conducting a door-to-door appeal or street collection

Once registered as a charitable association or a sanction is obtained, certain rules must be followed when making door-to-door appeals and street collections.

The applicant needs to complete Form 8 – Application to have a day assigned for a door-to-door appeal or street collection and lodge it with OFT for approval. If approved, the applicant will receive either Form 9 – Assignment of day for door-to-door appeal or Form 10 – Assignment of day for street collection, depending on which of the two approvals is sought.

Other issues to consider

Registered charitable associations and sanctioned organisations must have their financial records audited annually. A copy of the audited financial statement must be submitted to OFT within seven months of the end of the organisation's financial year. A current copy of the organisation's constitution must be held with OFT. The public can search these documents for a small fee.

Some elements of fundraising or charitable activities in Queensland require approvals from other regulatory bodies. For example, fundraising activities involving liquor are regulated by the Office of Liquor and Gaming Regulation (OLGR).

See also:

For liquor licensing, visit olgr.qld.gov.auExternal Link

To contact the Office of Fair Trading, Queensland:

Office of Liquor and Gaming Regulation

What types of fundraising activities are regulated?

The Office of Liquor and Gaming Regulation regulates all gaming activities conducted in Queensland. One form of legislation that it administers is the Charitable and Non-Profit Gaming Act 1999. This provides a framework that enables charitable and non-profit associations throughout Queensland to successfully raise funds through charitable gaming activities.

The Charitable and Non-Profit Gaming Act 1999 has been enacted to ensure the continuing integrity and probity of the charitable and non-profit gaming industry through:

  • clear reporting and accounting requirements
  • strengthened requirements for the delivery of prizes
  • detailed investigation and enforcement provisions
  • concise rules of games.

The Charitable and Non-Profit Gaming Act 1999 regulates the gaming activities currently undertaken by Queensland's charitable and non-profit gaming entities, namely:

  • art unions – including raffles, non-profit sweeps and non-profit bingo
  • bingo
  • calcutta sweeps
  • lucky envelopes
  • promotional games.

What permits or approvals are required?

All games regulated by the Charitable and Non-Profit Gaming Act 1999 are divided into the following four categories based on gross proceeds per draw or, in the case of bingo, gross proceeds per bingo session:

Category 1: includes any game where the gross proceeds for each draw, or each bingo session, are $2,000 or less (excluding lucky envelopes).

Category 2: includes any game where the gross proceeds for each draw are greater than $2,000 and no more than $50,000. Exceptions include lucky envelopes which limit the gross proceeds to $5,000 or less, and bingo gross proceeds which are not permitted to exceed $20,000.

Category 3: includes any game that has gross proceeds for each draw of more than $50,000.

Category 4: games, commonly known as trade promotions, are referred to in the Charitable and Non-Profit Gaming Act 1999 as promotional games.

The Charitable and Non-Profit Gaming Act 1999 provides for the following licence types:

  • a licence to conduct a category 3 game
  • a licence to conduct a special category 3 game
  • a bingo centre licence
  • a lucky envelope printer licence.

Issuing licences to conduct games is based on the estimated gross proceeds for a single draw in a game or session. A licence will allow the licence holder to conduct several games and/or gaming activities in accordance with the legislation and conditions of the licence during the term of the licence.

A special licence may also be issued to a person intending to raise funds through the conduct of a single art union to assist persons who have been affected by disaster or have been otherwise disadvantaged. The licence allows entities not normally empowered by the Charitable and Non-Profit Gaming Act 1999 to legally conduct a game to raise funds for such purposes. However, the chief executive must be satisfied of the existence of exceptional circumstances before granting a special licence.

Other issues to consider

  • Association
    • An association is a group of at least four persons, whether or not incorporated, which is formed for a worthwhile common purpose.
    • An association that is not an eligible association is restricted to the conduct of category 1 games.
    • Individuals may also conduct category 1 games providing all proceeds are returned as prizes.
     
  • Eligible associations
    • An eligible association is an association formed for charitable, religious, educational, patriotic, sporting and community purposes, parents and citizens associations and political parties.
    • All games conducted as either category 2 or category 3 games (except for category 3 games conducted by a special category 3 licensee) are restricted to eligible associations.
    • Eligible associations that conduct category 3 games must be incorporated.
     

To contact the Office of Liquor and Gaming Regulation:

South Australia

Fundraising in South Australia is regulated by Consumer and Business Services.

This regulator has provided the information in this section.

Consumer and Business Services

What types of fundraising activities are regulated?

Consumer and Business Services regulate gambling and community fundraising activities in South Australia, with administrative responsibility for the control of:

  • charitable collections
  • fundraising lotteries.

Charitable collections must comply with provisions in the Collections for Charitable Purposes Act 1939 (CCP Act) and the Collections for Charitable Purposes Act 1939 – Code of Practice.

NFP organisations seeking to raise monies using fundraiser lotteries must comply with the provisions in the Lottery and Gaming Act 1936 (LG Act) and the Lottery and Gaming Regulations 2008 (LG Regulations).

What permits or approvals are required?

Charitable collections

A person who wants to 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 any charitable purpose as defined, must be the holder of a section 6 licence under the CCP Act.

A collection agent who has entered into a collection contract with a charity as a collector for the charity, and employs another person to collect or attempt to collect any money or goods for a charitable purpose as defined, must be the holder of a section 6A licence under the CCP Act.

A person who wants to conduct entertainment where the proceeds are to be applied to a charitable purpose as defined, must be the holder of a section 7 licence under the CCP Act.

For the purposes of the CCP Act, a 'charitable purpose' means:

  • the affording of relief to diseased, disabled, sick, infirm, incurable, poor, destitute, helpless, or unemployed persons, or to the dependants of any such persons
  • the relief of distress occasioned by war, whether occasioned in South Australia or elsewhere
  • the affording of relief, assistance, or support to persons who are or have been members of the armed forces of Australia or to the dependants of any such persons
  • the provision of welfare services for animals.

For the purposes of the CCP Act, a person may apply for a licence to the Liquor and Gambling Commissioner as delegate for the Minister, who may grant or refuse a section 6, section 6A or section 7 licence. Such licences are granted subject to a condition that the licensee must comply with the provisions of a code of practice issued by the minister.

NFP fundraising lotteries

The LG Act and LG Regulations regulate, among other things, the fundraising lotteries of community organisations. The LG Regulations provide a series of restrictions on various classes of lottery, including major and minor lotteries, instant lotteries and 'eyes down bingo'.

These lotteries are conducted by NFP associations and clubs (including charities, social clubs, political parties, registered clubs, sporting clubs and trade unions) having a body of persons that has at least 10 members, a management committee elected by the members and a written constitution.

Major lotteries: A major lottery is a fundraising lottery conducted by an NFP club or association where the total value of all prizes in the lottery exceeds $5,000 and the prizes are distributed by lot or drawing. A major lottery does not include an instant lottery, sweepstakes or calcutta sweepstakes.

Instant lotteries: Instant lotteries are fundraising lotteries conducted by NFP clubs or associations through the sale of approved instant scratch or 'break-open' tickets that is beer or bingo tickets.

Bingo lotteries: Bingo sessions are fundraising lotteries conducted by NFP clubs or associations involving the game of chance commonly known as 'bingo', 'housie', 'housie housie' or 'eyes down bingo'. A bingo licence is required if the total gross proceeds of a session exceeds $500.

For the purposes of the LG Act and the LG Regulations, the Minister for Gambling may grant or refuse an application for a major lottery, an instant ticket lottery and 'eyes down bingo' lottery.

All lotteries (licensed and exempt) are subject to the lottery rules prescribed in the LG Regulations.

To contact Consumer and Business Services:

Tasmania

Fundraising in Tasmania is regulated by:

  • Liquor and Gaming Branch, representing the Tasmanian Gaming Commission
  • Consumer Affairs and Fair Trading.

These regulators have provided the information in this section.

Liquor and Gaming Branch, representing the Tasmanian Gaming Commission

What types of fundraising activities are regulated?

Fundraising in Tasmania can be undertaken by, or on behalf of, NFP or charitable organisations. 'minor gaming' is the term given to authorised games regulated by the Tasmanian Gaming Commission, including raffles, bingo, calcutta sweepstakes, instant draw bingo, lucky envelopes, dancing dollars and Tassie's best punter. The Commission's website clearly defines the rules and conditions of each of these games.

What permits or approvals are required?

An individual or organisation must complete and submit an application for a minor gaming permit accompanied by an Individual Activity Notification (IAN) form in relation to the authorised game nominated to take place. The Commission then approves or rejects the application. An IAN form can also be submitted as a separate form after permit approval by the Commission. A minor gaming permit is valid for either 12 or 24 months and any number of authorised games can be conducted in that time under the permit.

A Foreign Games Permit valid for up to five years is also available for mainland organisations wanting to sell raffle/lottery tickets from premises in Tasmania such as shopping centres. At present, mainland organisations can telemarket and direct mail raffle/lottery tickets into Tasmania without a minor gaming permit. However, the organisation must have a permit in its respective state or territory, and tickets sold are not for on-selling.

Other issues to consider

In all cases, whether or not a minor gaming permit is required, all fundraising activities must be held in accordance with the applicable rules and conditions and with the provisions set out in the Gaming Control Act 1993.

The Commission may declare a game to be an exempt game not requiring a minor gaming permit. Examples of this would be raffles where the total value of the prizes is less than $5,000 and tipping competitions where the total contributions do not exceed $10,000 and the total sum contributed is distributed as prizes.

The Commission determines which games are to be authorised under the Gaming Control Act 1993. To seek approval for a new game, an application must be submitted to the Tasmanian Gaming Commission. Application forms are available on the Commission's website.

A permit is not required to conduct a trade promotion in Tasmania. In certain circumstances schemes to distribute prizes for the promotion of business are excluded from the definition of a lottery in the Gaming Control Act 1993 and are therefore lawful in Tasmania without a permit. More information about trade promotions is available on the Commission's website.

To contact the Liquor and Gaming Branch, representing the Tasmanian Gaming Commission:

Consumer Affairs and Fair Trading

What types of fundraising activities are regulated?

Consumer Affairs and Fair Trading administers the Collections for Charities Act 2001.

This legislation applies to any person, incorporated body, individual, unincorporated body, religious organisation or any other organisation which solicits donations for a charitable purpose. Donations include money, goods or services donated or bequeathed.

Soliciting for donations means any request for donation however communicated, and includes solicitation by telephone, email, door-to-door, and standing with a donations tin in public. It also includes the giving of pins, badges and stickers if in response to a donation rather than an actual sale of the item.

The Act does not apply to:

  • the sale of goods or services such as chocolate fundraisers
  • a request for renewal of membership of an organisation
  • an appeal by an organisation to its membership such as that by a cricket club or hobby group
  • an appeal within premises that are used by a club or religious organisation such as a collection plate
  • an appeal to a Commonwealth, state or local authority
  • raffle tickets.

What permits or approvals are required?

Organisations based outside of Tasmania must not solicit for public donations unless they have obtained approval from the Commissioner of Corporate Affairs. It is an offence to collect without the proper approval, so if you have any doubt, obtain the Charitable Collectors Handbook by phoning Consumer Affairs and Fair Trading or visiting the website.

Other issues to consider

  • Children and young collectors
    • Children under the age of 12 years may solicit for donations, only if they are under the immediate control of an adult person.
    • Persons aged between 12 and 15 years may solicit for donations, only if they are under the supervision of an adult.
    • Persons 16 years of age or over may solicit for donations without supervision.
     
  • Soliciting by telephone
    • If a person solicits for a charitable purpose by telephone, the caller must identify certain details about the organisation they represent.
    • Fundraisers who telephone residential numbers seeking donations may only do so between 9.00am and 8.00pm on any day.
     
  • Going door-to-door and soliciting in a public place – certain requirements apply when undertaking doorknocks, or soliciting for donations in a public place. The requirements include
    • wearing an identity card
    • providing information about the organisation to donors
    • restricted hours for doorknocks.
     
  • Soliciting through writing, electronic media or advertising
    • Organisations often make written requests for donations.
    • These may be addressed to the recipient or be in the form of a general request or public advertisement.
    • Any written request, however communicated, must include specific information about the organisation and the purpose of the donation.
     
  • Collections on public streets    
    • In addition to the requirements of the Collections for Charities Act, you must seek permission from Tasmania Police and the local council or local authority if you wish to collect for donations on a public street.
    • This type of collecting is regulated to avoid overlap between fundraising days and areas, one year in advance.
    • Applications for allocation of a fundraising day may be made at any time but are usually made in October or November.
    • For more information, phone Tasmania Police Traffic Liaison Services on (03) 6230 2111.
     

To contact Consumer Affairs and Fair Trading:

Victoria

Fundraising in Victoria is regulated by:

  • Department of Justice & Regulation (Consumer Affairs Victoria)
  • Victorian Commission for Gambling and Liquor Regulation.

These regulators have provided the information in this section.

Consumer Affairs Victoria, Department of Justice & Regulation

What types of fundraising activities are regulated?

Fundraising appeals are regulated by the Fundraising Act (Vic) 1998 (Fundraising Act). The Fundraising Act is administered by Consumer Affairs Victoria.

A fundraising appeal occurs if a person solicits or receives money or a benefit on the basis of a representation that the soliciting or receiving is not solely for the profit or commercial benefit of the person, cause or thing on whose behalf the appeal is being conducted.

Fundraising appeals include:

  • doorknock appeals
  • telemarketing
  • traffic intersection/highway collections (authorisation is also required from the Victorian Police for these types of appeal)
  • donations to clothing bins
  • the sale of goods at opportunity shops
  • appeals run by commercial fundraisers
  • public appeals to support a club, association or an environmental or community cause
  • public appeals to support a cause or person or group of persons
  • the sale of goods where portions of the sale price are donated to an NFP organisation or cause.

The Fundraising Act does not apply to soliciting or receiving money or benefits with respect to the following, which are exempt from the definition of a fundraising appeal:

  • gaming activities which are regulated under the Gambling Regulation Act (Vic) 2003 (the regulation which applies to these activities is described below)
  • a patriotic fund
  • membership of an organisation
  • from a member, or a person who is in the process of becoming a member, of the fundraising organisation, or a relative or personal acquaintance of either of these
  • bequests
  • a benevolent or philanthropic purpose connected directly with a person or the immediate family of a person who shares a common employer or principal place of business with the fundraiser
  • from a government body or a corporation, partnership or trust that is permitted to donate money or benefits by its corporate documents.

What permits or approvals are required?

If you are conducting a fundraising appeal, the Fundraising Act requires that:

  • you comply with certain rules when you administer and conduct the fundraising appeal (for example, wearing identification badges when collecting from the public and keeping accurate financial records)
  • you register with Consumer Affairs Victoria.

The following organisations are, however, exempt from the requirement to register:

  • state schools, council schools or registered schools, and some kindergartens
  • universities, TAFE colleges or other tertiary educational institutions
  • hospitals or other registered health agencies funded by the Victorian Government
  • religious bodies with the authority to marry people
  • registered political parties, registered trade unions and registered workplace relations or industrial relations organisations
  • NFP organisations that receive less than $10,000 gross in a financial year from fundraising, and use only unpaid volunteers
  • licensed children's services that receive funding for a pre-school program from Services Australia
  • the Anti Cancer Council.

Some of these organisations are also exempt from the record-keeping requirements.

The minister administering the Fundraising Act may also, by order, exempt additional people or organisations, or classes of people or organisations, from the requirements to register.

To contact Consumer Affairs Victoria:

Victorian Commission for Gambling and Liquor Regulation

What types of fundraising activities are regulated?

Gaming activities for the benefit of community or charitable organisations are regulated by the Gambling Regulation Act 2003 (Gaming Act). The Gaming Act is administered by the Victorian Commission for Gambling and Liquor Regulation.

The Gaming Act declares all lotteries/gaming to be illegal unless authorised by the Gaming Act. Only organisations that are declared by the Victorian Commission for Gambling and Liquor Regulation to be genuine community or charitable organisations can conduct activities such as raffles, bingo, fundraising events or selling lucky envelopes.

The Commission can declare an organisation to be a community or charitable organisation if it is satisfied that the organisation is conducted in good faith for any of the following:

  • a philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or charity, and including the benefiting of a fund certified to be a patriotic fund under section 24 of the Patriotic Funds Act 1958 or the fund or part of the fund of the Australian Red Cross Society
  • a sporting or recreational purpose, including the benefiting of any sporting or recreational club or association
  • a political party registered under the Electoral Act 2002, the Commonwealth Electoral Act 1918 of the Commonwealth or a law of another state or territory of the Commonwealth corresponding to these Acts.

What permits or approvals are required?

Declaration allows the organisation to conduct raffles where the total retail value of prizes does not exceed $5,000 or apply for permits to undertake raffles where the retail value of prizes exceeds $5,000. Permits can also be obtained to sell lucky envelopes or run a fundraising function where games that would otherwise be unlawful (that is, casino games) may be played.

All gaming activity conducted by community or charitable organisations must be conducted in accordance with the Gaming Act and its associated regulations.

Other issues to consider

Other legislation may apply to fundraising activities in addition to legislation which is specifically aimed at fundraising activities. For example, if planning to sell or service liquor at a fundraising event, you will need to ensure that you have the appropriate liquor licence.

To contact the Victorian Commission for Gambling and Liquor Regulation:

Western Australia

Fundraising in Western Australia is regulated by:

  • Department of Commerce (Consumer Protection Division)
  • Gaming and Wagering Commission of WA.

These regulators have provided the information in this section.

Department of Commerce, Charitable Collections Section

What types of fundraising activities are regulated?

The Department of Commerce regulates:

  • collections of money or goods from the public in Western Australia deemed to be for a charitable purpose
  • street collections in the Perth metropolitan area regardless of the purpose.

In Western Australia, raffles are not regulated by the Department of Commerce, but by the Department of Racing, Gaming and Liquor.

What permits or approvals are required?

To collect money or goods for a charitable purpose, a licence is required under the Charitable Collections Act 1946. The application for a licence is considered by the Charitable Collections Advisory Committee, who make recommendations to the Minister for Commerce. This process can take two to three months if all documents are in order, but longer if there is a requirement to go back to the organisation for more information.

Any organisation wanting to conduct a street collection in Perth, whether licensed under the Charitable Collections Act or not, must have a separate street collection permit. This permit is also granted by the Minister for Commerce and requires approximately three weeks' notice to be granted. Street collections are generally held on Fridays.

Other issues to consider

Organisations that collect and receive money from the public for non-charitable purposes do not need to be licensed.

Some examples are:

  • sporting clubs or social groups
  • schools or kindergartens that operate their own fundraising events.

To contact the Department of Commerce, Charitable Collections Section:

  • visit commerce.wa.gov.au/charitiesExternal Link – for details of licensing requirements, forms, a list of licensed charities in Western Australia, and a calendar of street collections for the year
  • phone (08) 6251 1407
  • email charities@commerce.wa.gov.au
  • mail

    Charitable Collections Section
    Department of Commerce
    Locked Bag 14
    CLOISTERS SQUARE WA 6850

Gaming and Wagering Commission of Western Australia

What types of fundraising activities are regulated?

The Gaming and Wagering Commission of Western Australia regulates a number of community gaming activities under the Gaming and Wagering Commission Act 1987. These activities include standard lotteries (raffles), bingo, two-up, gaming functions and continuing lotteries (break-open tickets).

What permits or approvals are required?

Permits and approvals are required for all the above activities where gaming, as defined by the Act, takes place, except for social gaming and minor raffles where one of the following occurs:

  • Sale of Tickets and declaration of prizes takes place within 8 days.
    • The maximum value of any prize is $1,000.
    • Tickets are sold to members, guests or people who work or reside on the premises of a bona fide organisation.
     
  • Tickets are sold to members, guests or people who work or reside on the premises of a bona fide organisation.
    • The aggregated retail value of the prizes does not exceed $2,000.
    • The lottery is conducted on the same day and on the same premises.
     
  • The aggregated value of prizes does not exceed $200.
    • Tickets can be sold to members of the public.
     

Other issues to consider

The Act prohibits the conduct of (community) gaming for private gain or any commercial undertaking.

To contact the Department of Racing, Gaming and Liquor:

Local government requirements

Local government authorities manage and regulate the use of public places. Public places are lands not under private ownership or lands that are vested in the Crown (Australian Federal state or territory governments). They may include parks, playgrounds, coastal foreshores, sporting grounds, swimming pools, streets, footpaths, cycle ways, town centres, libraries, or community centres.

If an NFP organisation wants to conduct fundraising activities in a public place, it should first find out the requirements of the relevant local council. In some instances, it may also need to consult other government departments, such as state or territory road and transport authorities.

Requirements vary from council to council, but generally can include:

  • ensuring that the proposed activity is permissible under the relevant local law, planning policy, scheme or local environment plan
  • providing evidence of public liability insurance cover for the event, sufficient security and adequate toilet facilities
  • obtaining permits for preparing and selling food on site, operating electrical equipment, closing streets and selling alcohol, and
  • providing evidence that any rides (for example, jumping castles or merry-go-rounds) comply with relevant Australian standards, especially occupational health and safety laws.

Fundraising activities such as bingo, raffles and doorknock appeals are regulated by state and territory authorities. If your organisation's fundraising activities involve the use of a public place, you should check with your local council about its requirements.

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