In NSW you must obtain an ‘Authority to Fundraise’ if you are fundraising for a charitable purpose under the Charitable Fundraising Act 1991. Although there are a few exemptions discussed on the next page.
Fundraising for a charitable purpose is quite broad under the Act and essential means where you are seeking public money, property or any other benefit to be put towards a charitable purpose. If you are fundraising for another organisation then they must also hold an authority (if required).
Even a membership drive can be considered a fundraising appeal if you have charitable objects under your constitution!
Who is exempt from holding an authority to fundraise?
1. If you have your own act you may not require an authority and must still comply with the reporting requirements under the Charitable Fundraising Act.
2. If you are a religious organisation where there is a proclamation under section 26 of the Marriage Act 1961, or another organisation affiliated with such a religious organisation (provided the affiliation is certified in writing)
One word though – before you apply be sure to check out our post in the Governance topic called ‘Should staff sit on boards’. There is an important issue relating to the payment of your governing committee under section 48 of the act that you need to be aware of!
NSW Fair Trading Site
As a speaker, trainer and community development consultant I assists non-profits and small businesses to establish better governance practices and operational procedures, identifying new revenue and leveraging existing opportunities, community engagement, brand management and stakeholder communications.