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Fund Raising for New South Wales Registered Charities

In order to reduce regulatory burden, Fair Trading is streamlining application and reporting requirements for organisations registered with the ACNC. On 1 July 2021, the Charitable Fundraising Amendment Act 2018 came into effect. The most notable change was that registration with the ACNC would be sufficient for a charity to be granted an authority to fundraise in NSW. Other changes have included aligning reporting requirements with the ACNC and eliminating the need for large charities to report to both the ACNC and NSW Fair Trading.

Commencing 1 July 2021, some relief has been extended to New South Wales fundraising entities which are registered with the ACNC. This alleviates the need for them to secure a separate fundraising licence from Fair Trading.

Charities will be better supported by updated registration and reporting requirements and reducing current barriers with State and Federal Laws. The main changes include:

  • introducing a maximum five-year term for an authority to fundraise and allowing authorities to be renewed;
  • enhanced accountability and transparency requirements for fundraisers;
  • providing organisations that are registered with the Australian Charities and Not-for-Profits Commission (ACNC) automatic eligibility for an authority;
  • ACNC registered organisations do not have to report to both NSW Fair Trading and the ACNC;
  • increasing the maximum penalty amounts for greater deterrence against non-compliance;
  • allowing authorised officers to issue compliance notices and penalty infringement notices (PINs) to simplify enforcement action;
  • the standard conditions that authority holders need to comply with are now located within the Regulation and are not provided separately.

Grace Brophy, Solicitor 

Josephine Heesh, Partner

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