Many Clubs/Branches undertake Fundraising activities to support their on-going work.
Fundraising in Queensland is regulated by the Office of Fair Trading and the Office of Liquor and Gaming Regulation.
Office of Fair Trading
Charitable fundraising activities in Queensland are regulated by the Office of Fair Trading (OFT). The OFT administers the laws that govern fundraising across the state – the Collections Act 1966 and Collections Regulation 2008 (QLD).
Organisations can conduct appeals for charitable or community purposes. It is important to note that the Office of Fair Trading’s definition of ‘charitable purpose’ may differ from the legal definition of charity the ACNC applies when registering organisations as charities at the federal level.
The OFT maintains its own public register of charities authorised to fundraise in Queensland and associations incorporated in Queensland.
For more information about the fundraising activities regulated by the OFT, visit the OFT website.
Office of Liquor Gaming Regulation
The Office of Liquor and Gaming Regulation (OLGR) regulates charitable gaming (including art unions, raffles, bingo, lucky envelopes, Calcutta sweeps and promotional games) under the Charitable and Non-Profit Gaming Act 1999 (QLD).
These different games are assigned to different categories, some of which require a licence from the OLGR.
For more information, visit the not-for-profit and charitable gaming section of the OLGR website.
ACNC Annual reporting
From the 2022 Annual Information Statement, charities can take part in a new streamlined reporting arrangement.
Registered charities that are authorised to fundraise in Queensland can report directly via the ACNC’s Annual Information Statement. They will not be required to submit a separate annual return to the Office of Fair Trading.
To take part in this arrangement, charities must provide their fundraising registration number (issued by the Office of Fair Trading) when completing their Annual Information Statement. Medium and large charities should ensure that the financial reports they provide to the ACNC meet all ACNC reporting requirements.
Charities that form part of an ACNC approved reporting group and charities that have the Annual Information Statement withheld from the Charity Register will not be able to take part in these arrangements.
Charities that fundraise in Queensland may also be required to meet ongoing obligations to the OFT.
For details about the process of obtaining authorisation to fundraise in Queensland, and the obligations of fundraisers (including any other exemptions that may apply), visit the OFT website.
Responsibility for Charity fundraising
Ultimately, a charity’s Responsible People – the board, committee or trustees – have responsibility for all fundraising activities, whether these activities are conducted by the charity itself or outsourced to an external agency.
Because a charity’s Responsible People have overall responsibility for a charity’s actions, the ACNC sees the oversight of fundraising activities as a vital aspect of good charity governance.
Responsible People must have a clear understanding of how money is raised – including any fundraising operations – and must ensure there are appropriate and lawful processes in place to manage any money raised.
They must also ensure the charity generates funds in a way that is in the charity’s best interests. This includes considering the charity’s charitable purpose, its beneficiaries and the impact of its fundraising on the public and other potential donors. Some boards choose to adopt fundraising policies, or codes of conduct, like those developed by the Fundraising Institute of Australia.
No matter how a charity raises funds, its Responsible People must ensure that money is put towards pursuing the charity’s charitable purpose, and that any other expenses are reasonable.
Read more about the duties of Responsible People.
The Australian Charities and Not-For-Profit Commission have key information relating to charity fundraising, legal obligations and fundraising methods:
| Club Tip If your club is considering raffles as part of their fund-raising efforts, it is recommended the club/branch has a general raffles policy in place to ensure transparent process relating to funding. If you would like a template raffle policy, please email ethichalstandards@lifesaving.com.au |
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