Fundraising in South Australia is regulated by Consumer and Business Services.
This regulator has provided the information in this section.
Consumer and Business Services
What types of fundraising activities are regulated?
Consumer and Business Services regulate gambling and community fundraising activities in South Australia, with administrative responsibility for the control of:
- charitable collections
- fundraising lotteries.
Charitable collections must comply with provisions in the Collections for Charitable Purposes Act 1939 (CCP Act) and the Collections for Charitable Purposes Act 1939 - Code of Practice.
NFP organisations seeking to raise monies using fundraiser lotteries must comply with the provisions in the Lottery and Gaming Act 1936 (LG Act) and the Lottery and Gaming Regulations 2008 (LG Regulations).
What permits or approvals are required?
A person who wants to collect or attempt to collect any money or goods or obtain or attempt to obtain money by the sale of any disc, badge, token, flower, or other device for any charitable purpose as defined, must be the holder of a section 6 licence under the CCP Act.
A collection agent who has entered into a collection contract with a charity as a collector for the charity, and employs another person to collect or attempt to collect any money or goods for a charitable purpose as defined, must be the holder of a section 6A licence under the CCP Act.
A person who wants to conduct entertainment where the proceeds are to be applied to a charitable purpose as defined, must be the holder of a section 7 licence under the CCP Act.
For the purposes of the CCP Act, a 'charitable purpose' means:
- the affording of relief to diseased, disabled, sick, infirm, incurable, poor, destitute, helpless, or unemployed persons, or to the dependants of any such persons
- the relief of distress occasioned by war, whether occasioned in South Australia or elsewhere
- the affording of relief, assistance, or support to persons who are or have been members of the armed forces of Australia or to the dependants of any such persons
- the provision of welfare services for animals.
For the purposes of the CCP Act, a person may apply for a licence to the Liquor and Gambling Commissioner as delegate for the Minister, who may grant or refuse a section 6, section 6A or section 7 licence. Such licences are granted subject to a condition that the licensee must comply with the provisions of a code of practice issued by the minister.
NFP fundraising lotteries
The LG Act and LG Regulations regulate, among other things, the fundraising lotteries of community organisations. The LG Regulations provide a series of restrictions on various classes of lottery, including major and minor lotteries, instant lotteries and 'eyes down bingo'.
These lotteries are conducted by NFP associations and clubs (including charities, social clubs, political parties, registered clubs, sporting clubs and trade unions) having a body of persons that has at least 10 members, a management committee elected by the members and a written constitution.
Major lotteries: A major lottery is a fundraising lottery conducted by an NFP club or association where the total value of all prizes in the lottery exceeds $5,000 and the prizes are distributed by lot or drawing. A major lottery does not include an instant lottery, sweepstakes or calcutta sweepstakes.
Instant lotteries: Instant lotteries are fundraising lotteries conducted by NFP clubs or associations through the sale of approved instant scratch or 'break-open' tickets that is beer or bingo tickets.
Bingo lotteries: Bingo sessions are fundraising lotteries conducted by NFP clubs or associations involving the game of chance commonly known as 'bingo', 'housie', 'housie housie' or 'eyes down bingo'. A bingo licence is required if the total gross proceeds of a session exceeds $500.
For the purposes of the LG Act and the LG Regulations, the Minister for Gambling may grant or refuse an application for a major lottery, an instant ticket lottery and 'eyes down bingo' lottery.
All lotteries (licensed and exempt) are subject to the lottery rules prescribed in the LG Regulations.
To contact Consumer and Business Services:
Consumer and Business Services regulates fundraising in South Australia.