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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

StructureAnswer across all industries, any sizeEngine's reason (real estate agents, 6–19 employees)
Sole traderNoRequires a trigger outside this questionnaire
PartnershipNoRequires a trigger outside this questionnaire
TrustNoRequires a trigger outside this questionnaire
Pty Ltd companyNoRequires a trigger outside this questionnaire
Public companyNoRequires a trigger outside this questionnaire
Not-for-profit (unregistered)Only if a further fact appliesOnly if you fundraise from the public
Registered charityOnly if a further fact appliesOnly if you fundraise from the public
Super fundNoRequires a trigger outside this questionnaire
Foreign companyNoRequires 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.