Relevant authority
Department of Justice and Attorney-General, Queensland
What types of fundraising activities do we regulate?
The Community Justice Services Branch of the Department of Justice and Attorney-General administers the Collections Act 1966, which controls how charities and community purpose organisations conduct appeals for public support or fundraising in Queensland. Any organisation that wants to publicly fundraise for a charitable or community purpose is governed by this Act.
Activities regulated by the Department under the Collections Act 1966 include:
- fundraising appeals
- door-to-door appeals and street collections, and
- commercial appeals on behalf of charities by entrepreneurs.
What permits or approvals are required?
Under the Collections Act 1966, you may require either of the following two approvals.
Registering a charity
To be registered as a charity, an association’s objectives must meet the definition of ‘charitable purpose’ under the Collections Act 1966. The applicant needs to complete Form 1 – Application for registration and lodge it with the Department for approval.
If approved, the Department will issue the applicant with Form 2 – Certificate of registration as a charity. It is a one-off requirement for each charity to register if it intends conducting appeals for support. A registered charity may continue to fundraise until its registration is cancelled or it is directed to cease fundraising.
Obtaining a sanction for authority to fundraise
Organisations wanting to fundraise or conduct an appeal for a community purpose may be required to apply for a sanction. The applicant needs to complete Form 5 – Application for sanction and lodge it with the Department for approval.
If approved, the Department will issue the applicant with Form 6 – Certificate of sanction. The organisation may continue to fundraise until the sanction expires or it is cancelled or it is directed to cease fundraising.
What is the difference between a charity and community purpose organisation?
A charity is an organisation established solely for any charitable purpose as defined by the Collections Act 1966. A community purpose organisation is an organisation that wants to raise funds or conduct appeals for the general welfare of the community.
For more information on applying to register a charity or for a sanction to fundraise, phone the Department or visit the website (see below) for a copy of the Conducting fundraising appeals fact sheet.
Conducting a door-to-door appeal or street collection
Once registered as a charity or a sanction is obtained, certain rules must be followed when making door-to-door appeals and street collections. Before making an application, phone the Department or visit the website for a copy of the Collection of charity funds fact sheet.
The applicant needs to complete Form 8 – Application to have a day assigned for a door-to-door appeal or street collection and lodge it with the Department for approval. If approved, the applicant will receive either Form 9 – Assignment of day for door-to-door appeal or Form 10 – Assignment of day for street collection, depending on which of the two approvals is sought.
Other issues to consider
Registered charities and sanctioned organisations must have their financial records audited annually. A copy of the audited financial statement must be submitted to the Department within seven months of the end of the organisation’s financial year. A current copy of the organisation’s constitution must be held at the Department. The public can search these documents for a small fee.
Some elements of fundraising or charitable activities in Queensland require approvals from other regulatory bodies. For example, fundraising activities involving liquor are regulated by Liquor Licensing. For more information about liquor licensing, visit www.liquor.qld.gov.au.
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More information
Contact the Department of Justice and Attorney-General, Queensland.
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Visit:
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www.fairtrading.qld.gov.au
The Department’s Office of Fair Trading website has more information on charities and fundraising in Queensland. You can also download all of the relevant forms and fact sheets.
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Phone:
Fax:
Email:
Mail:
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13 13 04
(07) 3246 1589
BrisbaneOFT@dtftwid.qld.gov.au
GPO Box 3111
BRISBANE QLD 4000
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Relevant authority
Queensland Office of Gaming Regulation
What types of fundraising activities do we regulate?
The Queensland Office of Gaming Regulation regulates all gaming activities conducted in Queensland. One form of legislation that it administers is the Charitable and Non-Profit Gaming Act 1999. This provides a framework that enables charitable and non-profit associations throughout Queensland to successfully raise funds through charitable gaming activities.
The Charitable and Non-Profit Gaming Act 1999 has been enacted to ensure the continuing integrity and probity of the charitable and non-profit gaming industry through:
- clear reporting and accounting requirements
- strengthened requirements for the delivery of prizes
- detailed investigation and enforcement provisions, and
- concise rules of games.
The Charitable and Non-Profit Gaming Act 1999 regulates the gaming activities currently undertaken by Queensland’s charitable and non-profit gaming entities, namely:
- art unions (including raffles, non-profit sweeps and non-profit bingo)
- bingo
- calcutta sweeps
- lucky envelopes, and
- promotional games.
What permits or approvals are required?
All games regulated by the Charitable and Non-Profit Gaming Act 1999 are divided into the following four categories based on gross proceeds per draw or, in the case of bingo, gross proceeds per bingo session:
Category 1: includes any game where the gross proceeds for each draw, or each bingo session, are $2,000 or less (excluding lucky envelopes).
Category 2: includes any game where the gross proceeds for each draw, or each bingo session, are greater than $2,000 and no more than $20,000. The exception is lucky envelopes which fall within Category 2, the gross proceeds are limited to $5,000 or less.
Category 3: includes any game that has gross proceeds for each draw of more than $20,000. Gross proceeds for bingo are not permitted to exceed $20,000.
Category 4: games, commonly known as trade promotions, are referred to in the Charitable and Non-Profit Gaming Act 1999 as promotional games.
The Charitable and Non-Profit Gaming Act 1999 provides for the following licence types:
- a licence to conduct a category 3 game
- a licence to conduct a special category 3 game
- a bingo centre licence, and
- a lucky envelope printer licence.
Issuing licences to conduct games is based on the estimated gross proceeds for a single draw in a game or session. A licence will allow the licence holder to conduct several games and/or gaming activities in accordance with the legislation and conditions of the licence during the term of the licence.
A special licence may also be issued to a person intending to raise funds through the conduct of a single art union to assist persons who have been affected by disaster or have been otherwise disadvantaged. The licence allows entities not normally empowered by the Charitable and Non-Profit Gaming Act 1999 to legally conduct a game to raise funds for such purposes. However, the chief executive must be satisfied of the existence of exceptional circumstances before granting a special licence.
Other issues to consider
Association
An association is a group of at least four persons, whether or not incorporated, which is formed for a worthwhile common purpose. An association that is not an eligible association is restricted to the conduct of category 1 games. Individuals may also conduct category 1 games providing all proceeds are returned as prizes.
Eligible associations
An eligible association is an association formed for charitable, religious, educational, patriotic, sporting and community purposes, parents and citizens associations and political parties.
All games conducted as either category 2 or category 3 games (except for category 3 games conducted by a special category 3 licensee) are restricted to eligible associations. eligible associations that conduct category 3 games must be incorporated.
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More information
Contact the Queensland Office of Gaming Regulation.
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Visit:
Phone:
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www.qogr.qld.gov.au
(07) 3872 0999 or toll free number 1800 064 848 (Queensland only)
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Fax:
Email:
Mail:
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(07) 3872 0998
info@qogr.qld.gov.au
Locked Bag 180
CITY EAST QLD 4002
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Last Modified: Tuesday, 30 September 2008
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