How To Fundraise For Your Not-For-Profit In Australia

Fundraising is the lifeblood of many not-for-profits (NFPs) in Australia. Whether you’re a new community group or a long-standing charity, raising money the right way helps you build trust, reach your mission faster, and avoid penalties.

At the same time, fundraising laws can feel complex. There are state and territory licensing rules, national tax concessions to think about, privacy and spam rules for donor communications, plus extra requirements if you run raffles or sell tickets.

The good news? With a clear plan and the right legal setup, you can fundraise confidently. In this guide, we’ll walk you through how to prepare, what licences you may need, and the key documents and policies that will protect your organisation as you grow.

What Counts As “Fundraising” For A Not-For-Profit?

“Fundraising” covers a broad range of activities where an NFP asks the public for support. This can include:

• Appeals for donations (one-off or recurring)
• Events (ticketed dinners, trivia nights, fun runs)
• Raffles, lotteries and prize draws
• Grant applications and philanthropic appeals
• Sponsorships and corporate partnerships
• Online campaigns and crowdfunding
• Merchandise sales linked to a fundraising appeal

Different activities can trigger different legal obligations. For example, a raffle is regulated as “gaming,” while a donation appeal may require a fundraising authority in your state or territory. Understanding where your plans fit helps you tick the right compliance boxes from day one.

Step-By-Step: Set Up Your Fundraising Legally

1) Confirm Your Structure, Purpose And Governance

First, make sure your NFP is properly set up. Most groups operate as an incorporated association (state-based) or a company limited by guarantee (federally). Whichever you choose, be clear on your charitable purpose and keep accurate records of board decisions and finances.

If you’re operating through a company, your board should understand the role of your constitution (the rules for how your organisation is governed). Good governance underpins donor confidence and makes licensing processes smoother.

2) Register With The Right Bodies (If Applicable)

If your purpose is charitable and you meet the criteria, consider registering as a charity with the Australian Charities and Not-for-profits Commission (ACNC). You’ll also need an ABN, and in some cases an ACN if you’re a company.

Charity registration can open the door to tax concessions and grants. If your activities are slightly different (for example, a community club that isn’t a registered charity), you still need clear governance and good compliance practices to fundraise lawfully.

3) Apply For Fundraising Authority Where You’ll Appeal For Donations

Fundraising is regulated at the state and territory level. In many jurisdictions, you must be approved or “authorised” before publicly asking for donations (online or offline). If you fundraise nationally, you may need to register in multiple places.

Each regulator has its own forms, reporting standards and disclosure rules. Map out where your donors are located and check the requirements for those jurisdictions before you launch a campaign.

4) Consider DGR And Tax Concessions

Deductible Gift Recipient (DGR) status lets donors claim tax deductions for eligible gifts. It isn’t required for fundraising, but it can be a powerful incentive for donors and grantmakers. There are strict eligibility rules and endorsement pathways, so plan ahead if DGR status is part of your strategy.

You may also be eligible for GST and income tax concessions. An accountant can help you structure your finance systems to align with your fundraising model.

5) Set Up Banking, Controls And Reporting

Separate bank accounts, dual authorisations for payments, and clear recordkeeping policies are essential. Donors expect transparency. Your board should approve a finance policy that covers receipting, refunds, reconciliation, and who can access funds.

If you’ll accept recurring donations or pledge payments, make sure you understand the rules that apply to payment methods such as card-on-file or direct debit.

6) Put Core Policies And Contracts In Place

Before you start calling for support, put fundamental protections in place. At minimum, have clear terms for donors/sponsors, privacy practices, website terms, and agreements with suppliers, event venues and fundraising platforms.

A small amount of preparation here can prevent disputes, protect data, and keep your campaigns compliant with fundraising, consumer and privacy laws.

What Licences And Laws Apply To NFP Fundraising?

State And Territory Fundraising Laws

Many states and territories require you to hold a fundraising authority, display your registered details on appeal materials, and submit financial reports. Your obligations can also vary based on how you fundraise (events vs. online appeals vs. doorknocking).

If your campaign crosses borders, plan a national approach. Keep a register of active licences, renewal dates and reporting deadlines so nothing falls through the cracks.

Raffles, Lotteries And Prize Promotions

Raffles, lotteries and chance-based prize draws are typically regulated under “gaming” or “community gaming” laws and often have permit thresholds, prize caps and strict rules on how proceeds are used. Start by mapping your event against the rules for your state, and keep clear records of ticket sales and prize winners.

If you’re weighing up whether a raffle or a different promotion fits best, it’s helpful to review the broader framework around raffle laws and confirm the category your idea falls into before you advertise tickets.

Australian Consumer Law (ACL)

Even as an NFP, your fundraising appeals and promotions must not mislead or deceive. Be clear about where the money goes, any fees, and what (if anything) a donor or ticket-holder receives in return. If you sell merchandise or tickets, ensure your terms and refunds approach align with the ACL.

Privacy And Donor Data

Collecting donor information means you need to handle personal data properly. Most NFPs should publish a clear, accessible Privacy Policy that explains what information you collect, how you use it, and donor rights to access or correct their data.

If you use third-party platforms (payment gateways, email marketing tools, CRM systems), ensure you have appropriate data handling agreements in place and understand where data is stored.

Email And SMS Marketing

When you send campaigns or appeals, you need consent to contact supporters and a simple way to unsubscribe. Review your processes against Australia’s spam rules and align your newsletters and SMS appeals with best practice under email marketing laws.

Payments And Direct Debit

Recurring donations and pledge payments are common, but they come with extra responsibilities. Make sure your authority forms and processes align with direct debit laws, and provide clear information about how donors can change or cancel regular contributions.

Volunteers And Safe Operations

If volunteers will be making calls, staffing events or collecting donations, put appropriate onboarding, safety and conduct policies in place. Written agreements set expectations on roles, supervision, and use of organisational property.

Fundraising Online: Websites, Social Media And Third-Party Platforms

Online fundraising opens doors to wider reach and recurring support, but it also increases your compliance footprint. Here are key areas to get right before you launch a digital campaign:

• Clear Website Rules: Set expectations for donors, supporters and users with tailored Website Terms and Conditions and a user-friendly donation page that discloses fees, receipts and your legal name.
• Transparent Privacy Practices: Publish and follow a current Privacy Policy, and be upfront about analytics tools, cookies and tracking pixels if you use them for campaigns.
• Consent-Based Marketing: Build your email and SMS lists with opt-in consent, keep consent records, and align your send practices with Australia’s email marketing laws.
• Platform Terms: If you use a fundraising platform or marketplace, review their terms for fees, brand use, donor data access and dispute processes. Make sure you can export donor records and meet your reporting obligations.
• Payment Options: If you accept recurring payments, align your forms and scripts with direct debit laws, and disclose how supporters can change, pause or cancel.

A quick legal review of your website and campaign pages can go a long way. It’s a simple way to build trust and reduce avoidable complaints.

Running Raffles, Events And Sponsorships: A Practical Compliance Checklist

Events and promotions can make your cause visible and memorable. Use this checklist to cover the essentials:

Raffles And Prize Draws

• Confirm the category (raffle vs. trade promotion) and whether you need a permit or notification in your jurisdiction.
• Set and publish clear terms: ticket price, prize details, draw method, eligibility, start/end dates and how winners will be contacted.
• Keep an auditable record of ticket numbers, sales proceeds, prizes and winners. Review the national framework for raffle laws and then check your local thresholds and forms.

Ticketed Events

• Venue and supplier contracts should clearly set out fees, cancellation terms, insurance requirements and responsibilities for safety and permits.
• Publish event terms on the ticketing page so buyers understand inclusions, refund rules and any age or health restrictions.
• Plan for accessibility and risk management (e.g. crowd control, food safety where relevant).

Sponsorships And Corporate Partnerships

• Document the deal in a written Sponsorship Agreement that covers deliverables, brand use, exclusivity, benefit valuation, reporting, and termination rights.
• Be clear on tax treatment (sponsorship is usually not a “gift”) and how you’ll recognise sponsors without misleading donors.

Merchandise Sales

• If you’re selling products to support your cause, include clear product descriptions, pricing and delivery terms aligned with consumer law.
• For online stores, publish Website Terms and Conditions and ensure your returns process is easy to find.

Essential Documents For NFP Fundraising

Getting your paperwork in order is one of the fastest ways to lift donor confidence and reduce risk. Consider these fundamentals:

• Privacy Policy: A transparent statement of how you collect, use and store supporter information. Most NFPs benefit from a tailored Privacy Policy that matches their tech stack and fundraising activities.
• Website Terms And Conditions: Rules for using your site, including donations, ticket sales and user submissions. Your Website Terms and Conditions should align with your refund policy and applicable consumer laws.
• Volunteer Agreement: Sets expectations for roles, supervision, training, confidentiality and safety. A written Volunteer Agreement helps protect both your organisation and your volunteers.
• Sponsorship Agreement: Clarifies benefits, brand use and deliverables when partnering with businesses on fundraising campaigns or events. A clear Sponsorship Agreement reduces misunderstandings and protects your brand.
• Event/Venue Contracts: Standard agreements with venues, caterers, security and production suppliers covering fees, cancellations, insurance and responsibility for permits.
• Donation And Refund Policy: A simple internal policy and public statement explaining how you issue receipts, handle refunds, and respect donor intent.
• Terms For Sales (If Applicable): If you sell tickets or merchandise, publish clear Terms of Sale so purchasers know what to expect and how to get help.
• Marketing Compliance Checklist: A short guide for your team covering consent for emails/SMS, content approvals, and unsubscribe processes aligned with email marketing laws.

Not every NFP will need all of these from day one, but many will need several. The key is to match your documents to your fundraising mix (donations, events, online campaigns) and keep them up to date as you grow.

Practical Tips To Build Trust And Grow Donations

• Be transparent in your messaging. Explain how funds are used, publish annual reports and celebrate impact with real stories.
• Make giving easy. Offer multiple payment options, clear receipts and a simple way to manage or cancel recurring donations that aligns with direct debit laws.
• Protect supporter data. Use secure platforms, limit access on a need-to-know basis, and follow your Privacy Policy in practice-not just on paper.
• Train your team and volunteers. Provide short playbooks on telephone appeals, event safety, handling cash, and dispute resolution. A clear Volunteer Agreement is the starting point.
• Choose the right campaign type. If chance-based promotions are complex in your state, consider a skills-based challenge, matched giving, peer-to-peer campaigns or sponsorships documented with a strong Sponsorship Agreement.

Key Takeaways

• Fundraising covers a wide range of activities-donations, raffles, events, sponsorships and online appeals-each with different legal requirements.
• Before you launch, confirm your structure and governance, apply for any required fundraising authorities, and set up proper banking and reporting controls.
• Chance-based activities like raffles are regulated: check permits, prize caps and disclosure rules, and keep detailed records.
• Privacy, consumer and spam laws apply to NFPs too-publish a clear Privacy Policy, use opt-in marketing practices, and set fair terms for tickets and sales.
• Put core documents in place early, such as Website Terms and Conditions, a Volunteer Agreement, and a Sponsorship Agreement where relevant.
• A little legal preparation goes a long way-getting advice early can help you fundraise confidently and protect your cause.

If you would like a consultation on fundraising for your not-for-profit in Australia, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.