Who must hold an NSW Charitable Fundraising Authority?

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

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.

Applies only if you fundraise from the public. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: 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.

Jurisdiction: New South Wales law only. A business with no operations in NSW is outside it, whatever the rest of the test says.

Outcome across the 35 industries Rules Mate maps (35 of 35: only if a further fact applies).

The answer is the same in every industry: only if a further fact applies. Industry does not change who must comply.

Size does not change the answer across all industries: at every size band the answer is "only if a further fact applies".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
• Registered charity in real estate agents with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you fundraise from the public.

The engine shows this obligation as "check whether this applies" when a business has ACNC registration or nfp unregistered. It then applies only if you fundraise from the public. That fact is not something Rules Mate can infer from industry, structure or size.

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.

Frequency

Ongoing

Evidence to keep

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.

Status

Current

Priority

High

Maximum 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.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so do these 2: the engine uses the same rule for each.

• Fundraiser registration in Victoria
• Charity public fundraising — state authority cycle

Rules Mate tracks 9 published obligations tagged "charities", 3 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority and carries criminal liability, and is an ongoing duty.

Regulated by NSW Fair Trading.

NSW Fair Trading: Consumer protection, licensing (building, conveyancing, motor dealers), and tenancy regulator in NSW.

• NSW Fair Trading

Free tools that help with this obligation:

• NDIS provider readiness checker
• Aged Care Act 2024 readiness
• ACNC charity readiness scorer