Who must comply with Charity public fundraising — state authority cycle?
The applicability test for Charity public fundraising — state authority cycle (ACNC), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Only if
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.
What the obligation is
Each state requires authorisation for public fundraising appeals.
Each Australian state + territory has charitable fundraising legislation. ACNC harmonisation incomplete; charity must hold state authority for each fundraising-active state.
The applicability test
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: Charities undertaking public fundraising.
What triggers it: Fundraising activity in any state.
Jurisdiction: Commonwealth law, so the test is the same in every state and territory.
Which industries are in or out
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.
Business structure and size
| Structure | Answer across all industries, any size | Engine's reason (real estate agents, 6–19 employees) |
|---|---|---|
| Sole trader | No | Requires a trigger outside this questionnaire |
| Partnership | No | Requires a trigger outside this questionnaire |
| Trust | No | Requires a trigger outside this questionnaire |
| Pty Ltd company | No | Requires a trigger outside this questionnaire |
| Public company | No | Requires a trigger outside this questionnaire |
| Not-for-profit (unregistered) | Only if a further fact applies | Only if you fundraise from the public |
| Registered charity | Only if a further fact applies | Only if you fundraise from the public |
| Super fund | No | Requires a trigger outside this questionnaire |
| Foreign company | No | Requires a trigger outside this questionnaire |
Size does not change the answer across all industries: at every size band the answer is "only if a further fact applies".
Worked examples
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.
When you need to check further
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.
What you must do, and when
- When due
- Per state cycle (often 1-3 years renewal).
- Frequency
- Annual
- Evidence to keep
- State authority + annual return + fundraising records.
- Status
- Current
- Priority
- Medium
Penalty for not complying
No maximum penalty is recorded for this obligation in the Rules Mate corpus; check the regulator source below.
Audit or assurance level
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.
Obligations with the same applicability test
If this obligation applies to you, so do these 2: the engine uses the same rule for each.
Where it sits in the corpus
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 medium priority, and is a annual obligation.
Regulator, legislation and tools
Regulated by Australian Charities and Not-for-profits Commission.
ACNC: Federal charity regulator. Registers charities, administers governance and external conduct standards, and publishes the Charity Register.
Free tools that help with this obligation:
Questions
- Who must comply with Charity public fundraising — state authority cycle?
- 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.
- Does Charity public fundraising — state authority cycle apply to sole traders?
- No. Across every industry and every size band, the engine's answer for a sole trader is: no.
- Does Charity public fundraising — state authority cycle apply to businesses with 1–5 employees?
- Only if a further fact applies (1–5 employees, turnover $100K–$1M).
- When is "Charity public fundraising — state authority cycle" due?
- Per state cycle (often 1-3 years renewal).
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.