Fundraising in NSW? What you need to know
Changes to charitable fundraising in NSW1 commenced on 1 April 2026. These are part of the broader reforms to achieve a nationally consistent and streamlined fundraising framework, which began in 2023.
Under these changes:
- ACNC registered charities are automatically taken to hold a ‘deemed authority’ to fundraise in NSW;
- National Fundraising Principles apply to all NSW fundraising authority holders (including deemed authorities) in addition to the NSW legislation; and
- Charitable Fundraising Guidelines are updated to reflect the new framework.
In other words, ACNC registered charities are automatically taken to hold a fundraising licence under the ‘deemed authority’ once they notify the ACNC of their intention to fundraise in NSW through ACNC registration or as part of AIS reporting.
Practically, this means:
- a separate application to NSW Fair Trading or any renewal is no longer required for fundraising;
- duplicative NSW specific record keeping obligations are largely removed; and
- annual returns or compliance statements to NSW Fair Trading are not needed and ACNC reporting satisfies NSW financial reporting requirements.
While this ‘deemed authority’ has no fixed term, NSW Fair Trading retains oversight powers including suspension or cancellation where appropriate.
The regulatory position remains largely unchanged for not-for-profit organisations who are not registered with ACNC. They must still comply with all applicable laws, including to have a NSW fundraising licence and comply with ongoing reporting obligations, and to also comply with the National Fundraising Principles. The introduction of these principles means that governance and compliance remain important across the entire not-for-profit sector.
Sophia Chen, Special Counsel
Josephine Heesh, Partner