Organisations do not need to register under the Fundraising Act 1998 (the Act) to conduct fundraising appeals, but must otherwise comply with all the requirements of the Act, if they:
- receive less than $20,000 gross in a financial year from fundraising
- are not paid for conducting the fundraising, and
- use only unpaid volunteers.
The following organisations do not need to register under the Act to conduct fundraising appeals and do not need to comply with any requirement in Part 3 of the Act - but they must comply with all other requirements of the Act:
- state government schools, school councils, registered non-government schools and some kindergartens
- universities, TAFE colleges and other tertiary education institutions
- public and denominational hospitals, public health services, state-funded residential care services and other registered health agencies funded by the state government
- religious bodies that have authority to marry people
- political parties registered under the Victorian or Commonwealth Electoral Acts
- trade unions registered in Victoria
- federally registered associations of employees, associations of employers or enterprise associations
- licensed children's services that receive funding for a kindergarten program from the Department of Education and Early Childhood Development
- Cancer Council Victoria.
Because all of these organisations are exempt from registration, they do not appear on the public register.
Organisations are not subject to the Act if they only undertake:
- raffles, lotteries or other gaming activities authorised or permitted under the Gambling Regulation Act 2003 (raffles and bingo require a separate permit from the Victorian Commission for Gambling and Liquor Regulation)
- asking a person to pay a fee to become a member of an organisation
- fundraising that takes place within an organisation and is targeted at past and present members and their relatives (rather than the general public), even if the fundraising is for an outside cause
- fundraising in the workplace for the benefit of an employee or his or her close family
- receiving grants from a government body
- receiving sponsorships from commercial organisations (such as corporations, partnerships or trusts) permitted to donate money or benefits to charity
- memorial gifts (such as donations in lieu of flowers being sent to a funeral)
- fundraising for a patriotic fund within the meaning of the Veterans Act 2005 (this activity is regulated under the Veterans Act 2005). For more information, view Patriotic funds.
Even if you are an exempt fundraiser, you must still comply with general conduct requirements, including:
- all collectors displaying identification
- keeping collection tins and other receptacles secure.
Maintain financial records
Registered fundraisers must keep accurate financial records in accordance with Part 3 of the Act.
The fundraising exemption orders can be viewed on Legislation we administer.