Relevant authority
NSW Office of Liquor, Gaming and Racing, Department of the Arts, Sport and Recreation
What types of fundraising activities do we regulate?
In New South Wales, the raising of money for a charitable purpose – that is, conducting a fundraising appeal for a charitable purpose – is governed by the Charitable Fundraising Act 1991.
The soliciting or receiving of any money, property or other benefit from the public constitutes a fundraising appeal for a charitable purpose if a representation is made (this may be implied) that the appeal is for a charitable purpose or for the support of an organisation having a charitable object.
An appeal may take a variety of forms – donations, sponsorship, telethons, the conduct of lotteries and games of chance, the supply of food, entertainment or other goods or services, or in connection with any other commercial undertaking. A membership drive undertaken by an organisation is a fundraising appeal if one of the objects of the organisation is a charitable object. The term is not limited to simple collections from the public.
If your organisation conducts fundraising appeals for a purpose that is not charitable, then the raising of that money is not governed by the Charitable Fundraising Act 1991.
However, if this fundraising includes a form of lottery or game of chance, it may be governed by the Lotteries and Art Unions Act 1901. Persons, charities and other organisations may be authorised under this Act to conduct certain lotteries and games of chance as fundraising activities, social pastimes or entertainment, or to promote the sale or use of products or services.
These lotteries and games of chance include activities such as raffles, art unions, charity housie and lotteries for the promotion of a trade or business.
What permits or approvals are required?
If your organisation intends to fundraise for a charitable purpose it must be the holder of an authority to fundraise, a form of NSW government licence. The NSW Office of Liquor, Gaming and Racing in the Department of the Arts, Sport and Recreation is responsible for issuing this type of licence.
If you are a person or an organisation who intends to fundraise for a charitable purpose you must be an authorised fundraiser. However, an authority will only be issued to a natural person in exceptional circumstances.
If you intend to fundraise for a charitable purpose in the name of, or on behalf of, another organisation, the appeal must be authorised by that organisation which in turn must either be an authorised fundraiser or be exempt from the need to be an authorised fundraiser.
Some organisations are allowed to conduct fundraising appeals for a charitable purpose without holding an authority to fundraise, if they are established under a New South Wales Act and are subject to the control of a New South Wales government minister. However, these organisations are still required to comply with the other provisions of the Charitable Fundraising Act 1991. Parents and citizens associations and New South Wales state emergency services are examples of such organisations.
Religious bodies are exempt from the provisions of the Charitable Fundraising Act 1991.
An authority to fundraise is issued with certain conditions, which are aimed at ensuring financial, fundraising and management accountabilities.
Some forms of lotteries and games of chance require a licence. These include art unions, charity housie, lucky envelopes, chocolate wheels and trade promotion lotteries.
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More information
Contact the NSW Office of Liquor, Gaming and Racing, Department of the Arts, Sport and Recreation.
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Visit:
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www.olgr.nsw.gov.au
On the website you can find:
- application forms
- fact sheets on charitable fundraising and community gaming, and
- the publication Best Practice Guidelines for Charitable Organisations.
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Phone:
Fax:
Email:
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(02) 9995 0666
(02) 9995 0611
charity.inquiries@olgr.nsw.gov.au, or
lottery.inquiries@olgr.nsw.gov.au
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Mail:
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NSW Office of Liquor, Gaming and Racing
GPO Box 7060
SYDNEY NSW 2001
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For information about licence holders, visit the NSW Government Licensing Service website at www.licence.nsw.gov.au
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Last Modified: Tuesday, 30 September 2008
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