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New NSW Fundraising laws applicable from 1 April 2026

From 1 April 2026, charities registered with the Australian Charities and Not-for-profits Commission can use their ACNC registration to automatically fundraise in NSW, without needing to apply for, renew or hold a NSW fundraising authority.  Registered charities are automatically taken to hold a ‘deemed authority’ in NSW once they notify the ACNC that they intend to fundraise in NSW. This notification can happen through the ACNC registration or reporting process.

The National Fundraising Principles apply to all organisations that fundraise in NSW, regardless of whether they are registered charities with the Australian Charities and Not for profits Commission.  This means that every fundraiser must comply with the same core standards of fundraising conduct, including requirements around honesty, transparency, donor protection, respectful communication, and the use of third‑party fundraisers.

The National Fundraising Principles do not replace the NSW fundraising system but apply alongside it and set a consistent minimum standard for how fundraising appeals are conducted.

From 1 April 2026, ACNC registered charities must comply with the National Fundraising Principles in the same way as other authority holders. However, they are exempt from NSW standard conditions that duplicate ACNC requirements, including NSW‑specific financial record‑keeping, reporting and audit obligations. Instead, they rely on their existing ACNC reporting and governance framework.  While some local fundraising laws are switched off for ACNC registered charities, others will continue to apply.

Organisations that are not registered charities with the ACNC must comply with both the National Fundraising Principles and the NSW fundraising framework. This includes holding a NSW fundraising authority (unless another exemption applies) and complying with all applicable standard conditions under the NSW regulations, including financial record‑keeping, reporting and audit requirements.

 

To view the changes to NSW fundraising, click here.

To view the National Fundraising Principles, as announced in February 2023, click here.

To view an article by NFPLaw on the changes to NSW Fundraising laws, click here.

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