Fundraising in Australia is regulated at the state and territory level — creating a patchwork of requirements that can be complex for charities operating nationally. Understanding fundraising regulation matters for any organisation that raises money from the public, whether through events, door-knocking, online campaigns, or commercial activities.
Charitable fundraising regulation protects the public from fraud and misrepresentation — ensuring that money raised in the name of charity actually goes to charitable purposes. Regulation also builds trust in the charitable sector by setting standards for transparency and accountability.
Unlike many countries with national charitable fundraising regulation, Australia's framework is state-based — each jurisdiction has its own legislation:
New South Wales
The Charitable Fundraising Act 1991 (NSW) requires most organisations collecting charitable funds to:
- Hold a Charitable Fundraising Authority issued by NSW Fair Trading
- Conduct fundraising in accordance with prescribed standards
- Keep proper financial records
- Lodge annual returns
Exemptions apply for certain types of fundraising and certain organisational types.
Victoria
The Fundraising Act 1998 (Vic) regulates charitable fundraising:
- Fundraising registration required for most organisations raising over $10,000 annually from the public
- Licensed fundraising via consumer affairs Victoria
- Specific rules for commercial fundraisers and third-party fundraising
Queensland
The Collections Act 1966 (Qld) regulates fundraising:
- Charitable collections permits required for public collections
- Specific requirements for street collections, door-to-door, and online
Western Australia
The Charitable Collections Act 1946 (WA) — one of the older acts, with permits required for most public collections.
South Australia
The Collections for Charitable Purposes Act 1939 (SA) — licensing required for street collections and public appeals.
Tasmania, ACT, NT
Each has its own regulatory requirements — generally similar in concept to the larger states.
There have been multiple attempts to harmonise Australia's fundraising regulation across jurisdictions:
- The 2013 Sheppard Review recommended national reform
- The Australian Charities and Not-for-profits Commission (ACNC) has advocated for national standardisation
- Progress has been slow due to state-level resistance to ceding regulatory power
Some progress has been made through mutual recognition and updated regulations, but national harmonisation remains incomplete.
The ACNC (Australian Charities and Not-for-profits Commission) is the national regulator for registered charities — but does not regulate fundraising directly. The ACNC's role is:
- Charity registration and deregistration
- Governance standard compliance
- Annual reporting (financial reports and annual information statement)
- Investigation of serious concerns
ACNC registration does not automatically grant fundraising authority in each state — organisations must still comply with state-based fundraising legislation.
Online fundraising — crowdfunding, social media campaigns, website donation buttons — raises specific compliance questions:
Which state's laws apply?
When fundraising online, which state's laws apply? Generally, the laws of the state where the fundraiser is based apply — but some states apply their laws to fundraising targeting residents of that state.
Crowdfunding platforms
Platforms like GoFundMe, Chuffed, Give Now, and others have their own terms and conditions that may or may not align with state regulatory requirements. Organisations using these platforms should ensure their use complies with applicable state laws.
Social media fundraising
Facebook Fundraisers and Instagram donation stickers are popular but operate under platform terms rather than Australian charity law. Verify that any platform-facilitated fundraising complies with state requirements.
Telephone fundraising (telefundraising)
Commercial telefundraising (using call centres to fundraise on behalf of charities) is regulated by:
- State fundraising legislation
- ACCC consumer protection (cooling-off rights, Do Not Call Register)
- Australian Fundraising Principles (voluntary sector standards)
Door-to-door (face-to-face) fundraising
Regulatory Street fundraising by paid collectors is common but controversial — subject to state permits and voluntary sector codes.
When charities use commercial fundraisers (external agencies raising money on commission):
- The commercial fundraiser must usually be licensed in each relevant state
- The charity remains responsible for the conduct of fundraising in its name
- High commission rates can mean a small proportion of money raised reaches the charity — this is a public concern
The ACNC and state regulators require transparency about the use of commercial fundraisers and the proportion of funds reaching charitable purposes.
Australian Fundraising Principles
The Fundraising Institute Australia (FIA) has developed voluntary principles for ethical fundraising — members commit to transparency, donor rights, and responsible practice.
ACNC Governance Standards
ACNC Governance Standard 5 requires charities to identify and manage material risks — including reputational and legal risks from fundraising activities.
Fundraising Institute Australia (FIA)
FIA is the peak body for fundraising professionals — providing accreditation, training, and advocacy. FIA's code of practice sets expectations for member organisations.
For Australian charities fundraising internationally or from international donors:
- Donations from overseas donors are generally not tax-deductible in Australia (unless DGR endorsement specifically covers international giving)
- Some countries allow charitable deductions for donations to Australian charities (bilateral agreements)
- Complex arrangements (such as using US donor-advised funds to give to Australian charities) exist but require specialist advice
Tahua's grants management platform supports charitable organisations managing complex funding portfolios alongside their fundraising activities — with donation tracking, grant management, compliance monitoring, and the integrated tools that help charities manage both grants and fundraising income with full governance oversight.