New NSW Charitable Fundraising Laws A Guide for Charity & Fundraiser

Introduction

As of 1 April 2026, NSW has implemented significant reforms to its charitable fundraising laws, streamlining regulations for every charity and fundraiser. The primary goal of this harmonisation effort is to reduce administrative red tape by aligning NSW requirements with the national framework overseen by the Australian Charities and Not-for-profits Commission (ACNC).

These changes impact all charities and fundraisers conducting appeals in NSW, introducing new concepts such as ‘deemed authority’ for ACNC-registered charities and applying the National Fundraising Principles to all authority holders. This guide offers a clear overview of these new obligations to ensure your organisation can continue its important fundraising work in compliance with the updated fundraising laws.

Interactive Tool: Check If Your Charity Complies With New NSW Fundraising Laws

An Overview of the NSW Charitable Fundraising Reforms

Effective from 1 April 2026, significant reforms have been introduced to the charitable fundraising laws in NSW. These changes are designed to streamline regulations for any charity or fundraiser operating within the state, delivering on the NSW Government’s commitment to support the sector.

The primary goal of this legislative update is the harmonisation of fundraising rules to reduce unnecessary red tape. By aligning NSW laws with national standards, the reforms offer several key benefits:

• Significantly lessening the administrative and regulatory burden, particularly for charities and fundraisers involved in cross-border activities.
• Allowing organisations to dedicate more resources to their core charitable missions.

Furthermore, a central element of the new framework is its alignment with the ACNC. The changes simplify compliance by reducing duplication for ACNC-registered charities, making it easier for them to meet their obligations when they fundraise in NSW.

Ultimately, these reforms introduce a more consistent regulatory model for the charitable fundraising sector. All fundraising authority holders in NSW must now comply with a set of nationally agreed standards, known as the National Fundraising Principles, which aim to protect donors and ensure consistent conduct across all fundraising appeals.

Understanding Deemed Authority for ACNC Registered Charities

How Your Organisation Can Obtain Deemed Authority

From 1 April 2026, charities registered with the ACNC no longer need to apply for or renew a separate NSW charitable fundraising authority.

Instead, registered charities automatically hold a ‘deemed authority’ to fundraise in NSW once they have notified the ACNC of their intention to do so.

Conveniently, this notification can be made during the ACNC registration process or as part of annual reporting.

The process for obtaining deemed authority depends on your organisation’s current status:

• If registered with the ACNC and holding a NSW fundraising authority, your existing authority automatically transitions to a deemed authority, and no further action is required.
• When following the guide to applying for ACNC charity registration, you must indicate your intention to fundraise in NSW on the registration form so this information is shared with NSW Fair Trading.
• If already registered with the ACNC but new to fundraising in NSW, you need to notify the ACNC that you intend to commence fundraising to be granted deemed authority.

Key Benefits & Exemptions for Deemed Authority Holders

Holding a deemed authority significantly reduces the administrative burden for ACNC-registered charities fundraising in NSW. This harmonisation effort means your organisation benefits from several key exemptions and no longer needs to duplicate compliance tasks.

As a deemed authority holder, your charity is exempt from the need to:

• Apply for a separate NSW fundraising authority, as your ACNC registration and notification of intent are sufficient.
• Report annually to NSW Fair Trading, because your annual reporting to the ACNC satisfies state financial reporting requirements.
• Submit a NSW-specific compliance statement, which effectively removes a layer of state-based reporting.
• Comply with NSW-specific record-keeping rules, though you must still adhere to ACNC obligations and the National Fundraising Principles.
• Notify NSW Fair Trading of certain organisational changes, as this direct reporting obligation is removed.
• Adhere to certain governance-related Standard Conditions, including those concerning audited financial statements at an AGM, organisational management, and internal dispute resolution processes.

Conditions Your Organisation Must Follow with a Deemed Authority

While a deemed authority removes several state-specific obligations, your charity must still comply with certain NSW fundraising laws to maintain its right to fundraise. These requirements ensure that all fundraising activities in the state are conducted transparently and ethically.

All deemed authority holders must adhere to the following as enforceable conditions of their authority:

• The National Fundraising Principles, which establish a nationally consistent standard for conduct covering areas such as donor protection, transparency, and respectful communication.
• The NSW Standard Conditions, which supplement the national principles, although deemed authority holders are exempt from specific governance-related conditions that duplicate ACNC requirements.

Failure to comply with these conditions can lead to NFP disputes and investigations from NSW Fair Trading, which may include suspending or cancelling your deemed authority to conduct charitable fundraising in NSW.

The National Fundraising Principles Explained

What Are the National Fundraising Principles

The National Fundraising Principles are a set of 16 nationally agreed-upon rules that govern the conduct of charitable fundraising activities. They are designed to create a more consistent regulatory environment, making it easier for a charity or fundraiser to operate across different Australian jurisdictions or online.

Their primary purpose is to outline the behavioural expectations for all fundraising authority holders, thereby better protecting donors and the wider community. Importantly, as of 1 April 2026, these principles are an enforceable condition for any organisation conducting a charitable fundraising appeal in NSW.

Key Obligations for Your Charity Under the Principles

All authority holders in NSW must ensure their fundraising practices align with the core obligations set out in the National Fundraising Principles. These principles establish clear behavioural standards to maintain public trust and confidence in the charitable fundraising sector.

Key obligations for your organisation include:

• Avoiding deception: Your charity must ensure all communications and representations made during a fundraising appeal are truthful and not misleading.
• Refraining from undue pressure: Fundraisers must not engage in unconscionable conduct or apply undue pressure on potential donors.
• Protecting vulnerable people: Your organisation has a responsibility for safeguarding the vulnerable in your charity from exploitation during any fundraising activity.
• Respecting donor decisions: A fundraiser must respect a person’s decision to refuse a donation or to opt out of future solicitations.
• Maintaining transparent records: Your charity is required to keep clear and accurate records of all fundraising activities and associated financial transactions.
• Ensuring fundraisers are identifiable: Anyone fundraising on behalf of your organisation must be clearly identifiable to the public.

Changes to Reporting & Record-Keeping Requirements

Harmonised Financial Reporting for Deemed Fundraisers

As of 1 April 2026, charities registered with the ACNC that hold a deemed authority benefit from harmonised financial reporting.

This change means your organisation can meet all NSW financial reporting requirements by complying with your existing ACNC reporting obligations.

Consequently, this reform significantly reduces red tape for your charity. Specifically, the updated process offers the following benefits:

• You no longer need to submit a separate NSW ‘Statement of compliance’ to NSW Fair Trading.
• Your annual reporting to the ACNC is sufficient to satisfy state-based requirements, allowing you to report just once a year.

Simplified Record-Keeping for ACNC Registered Charities

The harmonisation of fundraising laws also simplifies record-keeping for ACNC-registered charities.

If your organisation holds a deemed authority, it is exempt from NSW-specific record-keeping rules, provided you continue to meet ACNC obligations and maintain your registration.

While this exemption removes a layer of state-based administration, your charity must still adhere to certain record-keeping standards. These ongoing obligations include:

• ACNC Requirements: You must continue to follow all record-keeping rules mandated by the ACNC.
• National Fundraising Principles: Compliance with Principle 3 (Keep records of fundraising activities) and Principle 12 (Keep financial records) is an enforceable condition of your authority to fundraise in NSW.
• NSW Standard Conditions: You must still maintain records related to the employment of child participants as required under the NSW Standard Conditions.

Compliance & Enforcement Under the New Laws

Understanding the Consequences of Non-Compliance

Failure to meet the mandatory requirements of the new fundraising laws can lead to significant penalties for your charity. Consequently, NSW Fair Trading is responsible for enforcement and can take disciplinary action against any organisation that breaches the conditions of its authority.

If your organisation does not comply with its obligations, such as the National Fundraising Principles or the NSW Standard Conditions, NSW Fair Trading may impose sanctions. These enforcement actions can include:

• Suspending your fundraising authority for a specified period.
• Applying new conditions to your authority to ensure future compliance.
• Cancelling your authority to conduct charitable fundraising in NSW entirely.

Importantly, these consequences apply to all authority holders, including those with deemed authority, for various reasons, such as failures to comply with charitable fundraising laws or engaging in misleading or fraudulent behaviour.

How Your Organisation Can Lose Deemed Authority

An organisation with deemed authority can lose its right to fundraise in NSW under specific circumstances. If your charity loses its deemed authority status, it cannot legally conduct a fundraising appeal in the state.

Specifically, your organisation will lose its deemed authority if:

• It ceases to be registered with the ACNC, meaning if your charity’s status is revoked by the ACNC, your deemed authority in NSW is automatically lost.
• NSW Fair Trading suspends or cancels the authority independently for non-compliance with state-based fundraising laws, even if your ACNC registration remains active.

Once a deemed authority has been suspended or cancelled by NSW Fair Trading, your organisation will not be able to regain it automatically and may be required to comply with different financial reporting and record-keeping rules.

Conclusion

The recent reforms to NSW charitable fundraising laws, effective from 1 April 2026, represent a significant move towards national harmonisation by introducing deemed authority for ACNC-registered charities and applying the National Fundraising Principles to all authority holders. These changes aim to reduce red tape and ensure all fundraising in NSW is conducted transparently and lawfully.

To ensure your organisation fully complies with these updated obligations, or for expert advice on charitable bequests and legacy planning, contact LawBridge’s experienced Islamic wills and estate lawyers for trusted legal guidance. Our specialised services are tailored to help your charity or fundraiser meet its legal requirements with confidence while navigating the new charitable fundraising framework.

Frequently Asked Questions