Fundraising laws in Australia - stay informed and up to date

Fundraising Laws - stay informed and up to date

If you are planning on raising money for charity, through crowdfunding or running a fundraising event, we’re here to help you stay on the right side of the law! There would be nothing worse than putting in all that effort only to be hit with a fine for missing a crucial bit of admin.

Each state and territory has different rules regarding fundraising activities, so while this guide will give you an overview of fundraising laws in Australia, it’s important to check the rules in your area before you get started. 

And don’t forget, if you are raising money online, you will need to abide by the fundraising laws for each state your campaign will be active in, not just where you live. 

We’ve provided links to each state’s governing body at the bottom of the page to help you out.

Definition of fundraising

If you are conducting an activity that fits into one of the official definitions of fundraising, then you will be governed by fundraising laws. In general fundraising activities fall into one of the below definitions.

• A donation request to the public to help a person, cause or organisation
• A request for goods (such as food or clothes) or services to support another person, cause or organisation
• The sale of merchandise where all or part of the profits will help a person, cause or organisation
• An event to raise money to help a person, cause or organisation
• Any request for money, goods or services where the sole benefit is not for profit or commercial benefit.

Each state and territory defines fundraising differently, so make sure you use the links at the bottom of the page to check the details in the area where you are running your campaign.

You can read more about the definition of different types of charities here: Different types of charities in Australia. 

List of Fundraising activities

Some examples of activities that fall into the definition of fundraising in most states and territories include:

• Charity appeals
• Public appeals by sports clubs, associations, causes or people
• Telephone appeals
• Doorknock appeals
• Public auctions
• Clothing bins
• Tin collections
• Fundraising events such as golf days, movie nights, trivia nights and dances
• Selling items where part of the profit is donated to a person or cause

Excluded activities

There are some activities that are excluded from fundraising laws in some states and territories. Make sure you err on the side of caution and talk to the relevant governing body in your state if you are not sure if your activity is excluded or not.

Some examples of commonly excluded activities include:

• Raising money for a patriotic cause, such as veteran’s causes
• Memorial gifts (asking for donations in lieu of funeral flowers or gifts)
• Workplace campaigns targeting current or past employees but not the public
• Raffles and lotteries - you may be excluded from the fundraising laws but be required to register with your state’s gaming authority

What are my obligations under fundraising laws

If you are raising money or receiving charitable donations in Australia, in a manner defined as fundraising, then you will need to adhere to the rules of the fundraising laws. Each state and territory has different requirements, so use the links at the bottom of the page for more information about the specific rules in your area.

Generally, when you run a charity fundraiser you will need to adhere to the following rules:

• Your campaign must be truthful and not misleading
• You must display your charity licence number as dictated by your state's rules
• The money raised must be donated to the cause for which it was raised
• Every person authorised to collect money on behalf of the cause must be aware of the relevant fundraising laws and be appropriately identified with a badge displaying their identification number
• All funds raised must be properly accounted for in the manner required by your state
• Safeguards must be in place for collecting cash donations
• The reporting requirements of your state’s laws must be met
• Your state governing body must be notified of any changes within their specified timeframes
• An appropriate risk management plan must be in place for the involvement of children in a campaign

For a comprehensive list of requirements under the fundraising laws of your state or territory, follow the links at the bottom of the page.

Why are fundraising laws important?

Fundraising laws are in place to protect individuals raising money, charities, not-for-profits, donors and all of the important causes they support. There are many reasons these laws are so important, including:

• Building and maintaining public trust in the fundraising process
• Ensuring charities and non profit organisations in Australia can continue to fundraise
• Making sure fundraising is a fair playing field for everyone involved
• Preventing fraudulent activity or misappropriation of funds
• Enforcing tax laws as relating to charities and charitable donations

Do fundraising laws affect my crowdfunding in Australia?

When you run a campaign on fundraising platforms in Australia, it’s important to abide by the laws of your state or territory, plus any regions where your campaign will be active. The best crowdfunding in Australia will help you do this with ease.

When you run a campaign through icause, your campaign dashboard will be an important tool to gather all the information you need to run a lawful campaign. This includes tracking where all your donations come from and full transparency of where the money goes at the end of the campaign.

Specific fundraising rules that apply to your campaign will depend on the type of campaign or event you are running, the type of organisation you are fundraising for and the area that your campaign will be promoted in.

To make sure you meet all the rules, talk to one of our fundraising experts, or click on the link to your state or territory below.

States and Territories

Click on the links below to read more about the fundraising laws in your state.

Next steps

If you are interested in starting your own campaign using the best crowdfunding platform in Australia, hop over to icause to get started, or talk to one of our passionate experts.

Setting up a campaign is quick, easy and free and can make a real difference in someone's life.

To find out more about raising funds with icause, follow the links below or click here to start fundraising.

What is Crowdfunding?

Fundraising tips

How do I know if I can trust a crowdfunder?

How crowdfunding can help charities

Introducing Switch and Donate