• Victoria

    Fundraising in Victoria is regulated by:

    • Department of Justice & Regulation (Consumer Affairs Victoria)
    • Victorian Commission for Gambling and Liquor Regulation.

    These regulators have provided the information in this section.

    Consumer Affairs Victoria, Department of Justice & Regulation

    What types of fundraising activities are regulated?

    Fundraising appeals are regulated by the Fundraising Act (Vic) 1998 (Fundraising Act). The Fundraising Act is administered by Consumer Affairs Victoria.

    A fundraising appeal occurs if a person solicits or receives money or a benefit on the basis of a representation that the soliciting or receiving is not solely for the profit or commercial benefit of the person, cause or thing on whose behalf the appeal is being conducted.

    Fundraising appeals include:

    • doorknock appeals
    • telemarketing
    • traffic intersection/highway collections (authorisation is also required from the Victorian Police for these types of appeal)
    • donations to clothing bins
    • the sale of goods at opportunity shops
    • appeals run by commercial fundraisers
    • public appeals to support a club, association or an environmental or community cause
    • public appeals to support a cause or person or group of persons
    • the sale of goods where portions of the sale price are donated to an NFP organisation or cause.

    The Fundraising Act does not apply to soliciting or receiving money or benefits with respect to the following, which are exempt from the definition of a fundraising appeal:

    • gaming activities which are regulated under the Gambling Regulation Act (Vic) 2003 (the regulation which applies to these activities is described below)
    • a patriotic fund
    • membership of an organisation
    • from a member, or a person who is in the process of becoming a member, of the fundraising organisation, or a relative or personal acquaintance of either of these
    • bequests
    • a benevolent or philanthropic purpose connected directly with a person or the immediate family of a person who shares a common employer or principal place of business with the fundraiser
    • from a government body or a corporation, partnership or trust that is permitted to donate money or benefits by its corporate documents.

    What permits or approvals are required?

    If you are conducting a fundraising appeal, the Fundraising Act requires that:

    • you comply with certain rules when you administer and conduct the fundraising appeal (for example, wearing identification badges when collecting from the public and keeping accurate financial records)
    • you register with Consumer Affairs Victoria.

    The following organisations are, however, exempt from the requirement to register:

    • state schools, council schools or registered schools, and some kindergartens
    • universities, TAFE colleges or other tertiary educational institutions
    • hospitals or other registered health agencies funded by the Victorian Government
    • religious bodies with the authority to marry people
    • registered political parties, registered trade unions and registered workplace relations or industrial relations organisations
    • NFP organisations that receive less than $10,000 gross in a financial year from fundraising, and use only unpaid volunteers
    • licensed children's services that receive funding for a pre-school program from the Department of Human Services
    • the Anti Cancer Council.

    Some of these organisations are also exempt from the record-keeping requirements.

    The minister administering the Fundraising Act may also, by order, exempt additional people or organisations, or classes of people or organisations, from the requirements to register.

    To contact Consumer Affairs Victoria:

    Victorian Commission for Gambling and Liquor Regulation

    What types of fundraising activities are regulated?

    Gaming activities for the benefit of community or charitable organisations are regulated by the Gambling Regulation Act 2003 (Gaming Act). The Gaming Act is administered by the Victorian Commission for Gambling and Liquor Regulation.

    The Gaming Act declares all lotteries/gaming to be illegal unless authorised by the Gaming Act. Only organisations that are declared by the Victorian Commission for Gambling and Liquor Regulation to be genuine community or charitable organisations can conduct activities such as raffles, bingo, fundraising events or selling lucky envelopes.

    The Commission can declare an organisation to be a community or charitable organisation if it is satisfied that the organisation is conducted in good faith for any of the following:

    • a philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or charity, and including the benefiting of a fund certified to be a patriotic fund under section 24 of the Patriotic Funds Act 1958 or the fund or part of the fund of the Australian Red Cross Society
    • a sporting or recreational purpose, including the benefiting of any sporting or recreational club or association
    • a political party registered under the Electoral Act 2002, the Commonwealth Electoral Act 1918 of the Commonwealth or a law of another state or territory of the Commonwealth corresponding to these Acts.

    What permits or approvals are required?

    Declaration allows the organisation to conduct raffles where the total retail value of prizes does not exceed $5,000 or apply for permits to undertake raffles where the retail value of prizes exceeds $5,000. Permits can also be obtained to sell lucky envelopes or run a fundraising function where games that would otherwise be unlawful (that is, casino games) may be played.

    All gaming activity conducted by community or charitable organisations must be conducted in accordance with the Gaming Act and its associated regulations.

    Other issues to consider

    Other legislation may apply to fundraising activities in addition to legislation which is specifically aimed at fundraising activities. For example, if planning to sell or service liquor at a fundraising event, you will need to ensure that you have the appropriate liquor licence.

    To contact the Victorian Commission for Gambling and Liquor Regulation:

    Last modified: 14 Oct 2015QC 46304