• Tasmania

    Fundraising in Tasmania is regulated by:

    • Liquor and Gaming Branch, representing the Tasmanian Gaming Commission
    • Consumer Affairs and Fair Trading.

    These regulators have provided the information in this section.

    Liquor and Gaming Branch, representing the Tasmanian Gaming Commission

    What types of fundraising activities are regulated?

    Fundraising in Tasmania can be undertaken by, or on behalf of, NFP or charitable organisations. 'minor gaming' is the term given to authorised games regulated by the Tasmanian Gaming Commission, including raffles, bingo, calcutta sweepstakes, instant draw bingo, lucky envelopes, dancing dollars and Tassie's best punter. The Commission's website clearly defines the rules and conditions of each of these games.

    What permits or approvals are required?

    An individual or organisation must complete and submit an application for a minor gaming permit accompanied by an Individual Activity Notification (IAN) form in relation to the authorised game nominated to take place. The Commission then approves or rejects the application. An IAN form can also be submitted as a separate form after permit approval by the Commission. A minor gaming permit is valid for either 12 or 24 months and any number of authorised games can be conducted in that time under the permit.

    A Foreign Games Permit valid for up to five years is also available for mainland organisations wanting to sell raffle/lottery tickets from premises in Tasmania such as shopping centres. At present, mainland organisations can telemarket and direct mail raffle/lottery tickets into Tasmania without a minor gaming permit. However, the organisation must have a permit in its respective state or territory, and tickets sold are not for on-selling.

    Other issues to consider

    In all cases, whether or not a minor gaming permit is required, all fundraising activities must be held in accordance with the applicable rules and conditions and with the provisions set out in the Gaming Control Act 1993.

    The Commission may declare a game to be an exempt game not requiring a minor gaming permit. Examples of this would be raffles where the total value of the prizes is less than $5,000 and tipping competitions where the total contributions do not exceed $10,000 and the total sum contributed is distributed as prizes.

    The Commission determines which games are to be authorised under the Gaming Control Act 1993. To seek approval for a new game, an application must be submitted to the Tasmanian Gaming Commission. Application forms are available on the Commission's website.

    A permit is not required to conduct a trade promotion in Tasmania. In certain circumstances schemes to distribute prizes for the promotion of business are excluded from the definition of a lottery in the Gaming Control Act 1993 and are therefore lawful in Tasmania without a permit. More information about trade promotions is available on the Commission's website.

    To contact the Liquor and Gaming Branch, representing the Tasmanian Gaming Commission:

    Consumer Affairs and Fair Trading

    What types of fundraising activities are regulated?

    Consumer Affairs and Fair Trading administers the Collections for Charities Act 2001.

    This legislation applies to any person, incorporated body, individual, unincorporated body, religious organisation or any other organisation which solicits donations for a charitable purpose. Donations include money, goods or services donated or bequeathed.

    Soliciting for donations means any request for donation however communicated, and includes solicitation by telephone, email, door-to-door, and standing with a donations tin in public. It also includes the giving of pins, badges and stickers if in response to a donation rather than an actual sale of the item.

    The Act does not apply to:

    • the sale of goods or services such as chocolate fundraisers
    • a request for renewal of membership of an organisation
    • an appeal by an organisation to its membership such as that by a cricket club or hobby group
    • an appeal within premises that are used by a club or religious organisation such as a collection plate
    • an appeal to a Commonwealth, state or local authority
    • raffle tickets.

    What permits or approvals are required?

    Organisations based outside of Tasmania must not solicit for public donations unless they have obtained approval from the Commissioner of Corporate Affairs. It is an offence to collect without the proper approval, so if you have any doubt, obtain the Charitable Collectors Handbook by phoning Consumer Affairs and Fair Trading or visiting the website.

    Other issues to consider

    • Children and young collectors  
      • Children under the age of 12 years may solicit for donations, only if they are under the immediate control of an adult person.
      • Persons aged between 12 and 15 years may solicit for donations, only if they are under the supervision of an adult.
      • Persons 16 years of age or over may solicit for donations without supervision.
       
    • Soliciting by telephone  
      • If a person solicits for a charitable purpose by telephone, the caller must identify certain details about the organisation they represent.
      • Fundraisers who telephone residential numbers seeking donations may only do so between 9.00am and 8.00pm on any day.
       
    • Going door-to-door and soliciting in a public place – certain requirements apply when undertaking doorknocks, or soliciting for donations in a public place. The requirements include  
      • wearing an identity card
      • providing information about the organisation to donors
      • restricted hours for doorknocks.
       
    • Soliciting through writing, electronic media or advertising  
      • Organisations often make written requests for donations.
      • These may be addressed to the recipient or be in the form of a general request or public advertisement.
      • Any written request, however communicated, must include specific information about the organisation and the purpose of the donation.
       
    • Collections on public streets  
      • In addition to the requirements of the Collections for Charities Act, you must seek permission from Tasmania Police and the local council or local authority if you wish to collect for donations on a public street.
      • This type of collecting is regulated to avoid overlap between fundraising days and areas, one year in advance.
      • Applications for allocation of a fundraising day may be made at any time but are usually made in October or November.
      • For more information, phone Tasmania Police Traffic Liaison Services on (03) 6230 2111.
       

    To contact Consumer Affairs and Fair Trading:

    Last modified: 14 Oct 2015QC 46303