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Hold an NSW Charitable Fundraising Authority

Soliciting donations from the NSW public requires authorisation under the Charitable Fundraising Act 1991.

highcurrentongoingCriminal liability

Who must comply

Individuals and organisations conducting a charitable fundraising appeal in NSW that raises more than $15,000 in a financial year. Not required for purely volunteer appeals raising $15,000 or less, crowdfunding for oneself or friends for a non-charitable purpose, universities and local councils, P&C associations of government schools, religious organisations recognised under the Marriage Act 1961, or traders working under written authorisation of an authorised fundraiser.

What triggers it

Starting, or expecting, a charitable fundraising appeal in NSW that will raise more than $15,000 in a financial year. ACNC-registered charities trigger deemed authority by notifying the ACNC that they intend to fundraise in NSW.

When due

Authority (or deemed authority) in place before the appeal starts. Non-deemed authority holders lodge an annual return within six months of each financial year end, even with no appeals held, and notify NSW Fair Trading within 28 days of specified events such as a material error in a financial statement or a change of auditor. Deemed holders lodge the ACNC Annual Information Statement each year.

Evidence required

Authority to fundraise or ACNC registration showing NSW fundraising notification; constitution or terms of appeal stating the charitable purpose; records of fundraising activities and financial records (National Fundraising Principles 3 and 12); annual returns with financial statements prepared under Australian Accounting Standards, notes where gross appeal income exceeds $100,000 and an audit report at $250,000 or more; Statement of Compliance signed by the principal officer; written authorisations for traders and branches.

Max penalty

Penalties may apply for failing to meet the mandatory requirements of the National Fundraising Principles or NSW Standard Conditions. NSW Fair Trading can suspend, cancel or impose conditions on an authority (including a deemed authority) for non-compliance, breach of conditions or alleged misleading or fraudulent behaviour, reviewable by NCAT. Fundraising after an authority is lost breaches the NSW charitable fundraising laws

Who must comply with this? The applicability test by industry, business structure and size.

Summary

Under the Charitable Fundraising Act 1991 (NSW), anyone who raises more than $15,000 in a financial year for a charitable purpose in NSW needs an authority to fundraise from NSW Fair Trading. A charitable purpose includes any benevolent, philanthropic or patriotic purpose, and the purpose stated at the outset is legally binding: donations cannot be applied to anything else. An authority is free, lasts up to five years and covers any number of appeals. From 1 April 2026, charities registered with the ACNC that have notified the ACNC of their intention to fundraise in NSW hold a 'deemed authority' automatically and are relieved of NSW annual reporting, compliance statements and NSW-specific record keeping, provided they keep their ACNC registration and reporting current. Every authority holder, deemed or not, must comply with the National Fundraising Principles and the NSW Standard Conditions. Other authority holders lodge an annual return with NSW Fair Trading, with audited accounts once gross appeal income reaches $250,000.

Enforced by

Source legislation

Entity types

charitynfp other

Topics

charitiesfundraisingnsw

Related

Frequently asked questions

Who must comply with an NSW Charitable Fundraising Authority?
Individuals and organisations conducting a charitable fundraising appeal in NSW that raises more than $15,000 in a financial year. Not required for purely volunteer appeals raising $15,000 or less, crowdfunding for oneself or friends for a non-charitable purpose, universities and local councils, P&C associations of government schools, religious organisations recognised under the Marriage Act 1961, or traders working under written authorisation of an authorised fundraiser.
What triggers an NSW Charitable Fundraising Authority?
Starting, or expecting, a charitable fundraising appeal in NSW that will raise more than $15,000 in a financial year. ACNC-registered charities trigger deemed authority by notifying the ACNC that they intend to fundraise in NSW.
When is an NSW Charitable Fundraising Authority due?
Authority (or deemed authority) in place before the appeal starts. Non-deemed authority holders lodge an annual return within six months of each financial year end, even with no appeals held, and notify NSW Fair Trading within 28 days of specified events such as a material error in a financial statement or a change of auditor. Deemed holders lodge the ACNC Annual Information Statement each year.
What is the maximum penalty for an NSW Charitable Fundraising Authority?
Penalties may apply for failing to meet the mandatory requirements of the National Fundraising Principles or NSW Standard Conditions. NSW Fair Trading can suspend, cancel or impose conditions on an authority (including a deemed authority) for non-compliance, breach of conditions or alleged misleading or fraudulent behaviour, reviewable by NCAT. Fundraising after an authority is lost breaches the NSW charitable fundraising laws
What evidence is required for an NSW Charitable Fundraising Authority?
Authority to fundraise or ACNC registration showing NSW fundraising notification; constitution or terms of appeal stating the charitable purpose; records of fundraising activities and financial records (National Fundraising Principles 3 and 12); annual returns with financial statements prepared under Australian Accounting Standards, notes where gross appeal income exceeds $100,000 and an audit report at $250,000 or more; Statement of Compliance signed by the principal officer; written authorisations for traders and branches.

Source: https://www.nsw.gov.au/money-and-taxes/charitable-fundraising/apply-for-an-authority-to-fundraise. Rules Mate is not a law firm. Always verify against the live regulator source before acting.