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nsw charitable fundraising conditionsBy Mark O’Connor, Cutcher & Neale, Accountants, Newcastle.

As of 1 July 2015, NSW Fair Trading assumed responsibility for administering the Charitable Fundraising Act (NSW) 1991, which outlines how a charity can legally undertake fundraising activities.

The Charitable Fundraising Regulation 2015 commenced on 1 September 2015.

The new Regulation includes a number of amendments, including new exemptions for certain charities, for example:

  • licensed fundraisers in NSW will now only need to have their financial reports audited if they have annual revenue of $250,000 or more (in line with ACNC reporting). Previously it was $100,000;
  • the threshold applying to charities that will be exempt from obtaining a fundraising authority has been increased from $10,000 to $15,000;
  • small charities with fundraising income of less than $100,000 per year are exempt from auditing requirements under section 24 of the Act, unless they are directed to have their accounts audited by the Minister (or Minister’s delegate).

Minor amendments were also made to the Charitable Fundraising Authority Conditions, which were approved by the Minister for Innovation and Better Regulation on 31 July 2015. These conditions will now apply to new fundraising authorities issued by NSW Fair Trading from 1 September 2015.

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