Is an authority to fundraise required?
If your organisation intends to fundraise for its charitable purposes it must be the holder of an authority to fundraise (‘authorised fundraiser’).
If you are a person that intends to fundraise for a charitable purpose you must be an authorised fundraiser. However, an authority will be only issued to a natural person in exceptional circumstances.
If you intend to conduct a fundraising appeal 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.
If you or your organisation undertakes a fundraising appeal, where that appeal is undertaken in connection with the supply of goods or services in the course of any trade or business carried on by you or your organisation, or otherwise partly for your benefit, or for your organisation's benefit, the appeal must be conducted in conjunction with an authorised fundraiser. The Act refers to you or your organisation as a "trader".
If your organisation is established under an Act and subject to the control and direction of a Minister, a fundraising appeal may be conducted without the need to be an authorised fundraiser. Nevertheless, this type of organisation must still comply with all other requirements of the Act and regulations including maintaining proper records, and having accounts audited.
The Act does not apply to a religious body or organisation in respect of which a proclamation is in force under section 26 of the Marriage Act 1961 (Commonwealth) or a religious body, or an organisation or office, within a denomination in respect of which such a proclamation is in force.
In addition, the Act does not apply to a body or organisation affiliated with and approved by the religious body or organisation referred above, provided the principal or executive officer of the religious body or organisation has certified this in writing.
How is an authority to fundraise obtained?
An authority to fundraise is obtained by lodging a completed Fundraising application form - with the Office of Charities. The application must be accompanied with all supporting material. There are no application fees.
Additional information is available from the Charitable fundraising factsheet.
