Charitable fundraising in Australia is regulated state by state, so an organisation running a national charitable fundraising campaign may find itself subject to several regimes at once. There have been calls to harmonise these regimes for many years. Substantive progress was made with the introduction of the National Fundraising Principles in 2023 and a gradual move to adopt these by each relevant state and territory. The move towards ‘deemed licence’ provisions for charities registered with the Australian Charities and Not-for-profits Commission (ACNC) is also a useful step. Together, these reforms promote ethical, transparent and accountable fundraising, cut unnecessary red tape and reduce duplication, so charities can focus on helping communities across Australia.
In September 2026, Tasmania became the final jurisdiction with a charitable fundraising regime to legislate for a deemed licence. Once the reforms commence, a charity registered with the ACNC may rely on its charitable registration to fundraise in Tasmania, without a separate authority. Notification requirements to the Tasmanian regulator will still apply. The reforms also introduce a mandatory Code of Practice based on the National Fundraising Principles.
But harmonisation is not yet complete. Notification requirements and other conditions still vary between jurisdictions, and not every state has implemented the National Fundraising Principles. Further, charitable fundraising requirements generally regulate the activity of fundraising rather than an entity type, meaning organisations undertaking charitable fundraising that are not registered charities are still captured by an overly complex and varied regime, without the benefit of the deeming provisions.
To help organisations navigate a patchwork regulatory landscape, this article provides a state-by-state guide to the deemed licence provisions and highlights the key differences.
A federated system and the push to harmonise
Unlike charity registration, which sits with the ACNC at the Commonwealth level, fundraising is regulated at the state and territory level. Each jurisdiction has its own legislation, its own regulator and different compliance requirements, including varying definitions of what counts as ‘fundraising’. In practice, an organisation fundraising across Australia, or running an online campaign, may need to comply with multiple regimes at once.
Two reform mechanisms have been driving efforts to simplify this:
- Deeming provisions: an ACNC-registered charity is treated as automatically holding a fundraising licence or authority, usually once it notifies the regulator that it intends to fundraise. Regulators can still impose additional conditions.
- National Fundraising Principles: in February 2023, Commonwealth, state and territory governments agreed to 16 nationally consistent fundraising principles, covering matters such as honesty and transparency with donors, protecting vulnerable people, due diligence on third-party fundraisers, complaints handling and commercial fundraiser remuneration. Each jurisdiction has committed to implement the Principles, and to switch off overlapping local rules (though not all have come into effect).
The Northern Territory does not regulate charitable fundraising at all.
Tasmania completes the deemed licence picture
Tasmania became the final jurisdiction to align its charitable fundraising laws in September 2026 with the introduction of the Charities and Associations Law (Miscellaneous) Amendment Act 2026 (Tas). The Act received Royal Assent on 9 October 2026, with commencement on proclamation.
The reforms amend the Collections for Charities Act 2001 (Tas) to bring Tasmania into line with the national reform agenda. Key changes include:
- ‘Deemed licence’ model: ACNC-registered charities will not need separate approval to fundraise in Tasmania. A charity that is not incorporated in Tasmania, or does not have its principal office there, must notify the Tasmanian Commissioner for Corporate Affairs or the ACNC of its intention to fundraise in the state.
- Mandatory Code of Practice: the 16 National Fundraising Principles will take effect through a Code of Practice made by regulation. The government has committed to consult the sector on the Code before it is made.
- Strengthened enforcement: the amendments will strengthen the enforcement provisions of the Collections for Charities Act 2001 (Tas) to allow court orders and injunctions for breaches of the Code of Practice.
- Increased audit threshold: under related amendments to the Associations Incorporation Act 1964 (Tas), the audit threshold for incorporated associations will increase from $250,000 to $500,000.
The national picture: where harmonisation stands now
Once Tasmania’s reforms commence, every jurisdiction that regulates charitable fundraising will have a deemed licence model in place for ACNC-registered charities.
The ACT, NSW, Victoria, South Australia and Western Australia have implemented the National Fundraising Principles for ACNC-registered charities. Tasmania has passed legislation to introduce a mandatory Code of Practice based on the National Fundraising Principles, but the amendments have not yet commenced. Queensland has committed to implementing the Principles, but has not yet legislated to introduce the framework.
These reforms mark a significant step towards a truly national approach for registered charities, with ACNC registration now the key to fundraising in every regulating jurisdiction. Some local differences remain, including notification requirements and, in South Australia and Tasmania, separate definitions of ‘charitable purpose’. Organisations that fundraise across borders should still confirm the position in each jurisdiction. Importantly, the deeming provisions benefit only ACNC-registered charities. Other organisations that undertake charitable fundraising are still required to obtain a licence or authority in each jurisdiction where they fundraise.
State-by-state guide – fundraising licence deeming provisions for registered charities
What should fundraisers do now?
- Map where you fundraise: Online and national campaigns can reach every jurisdiction. Identify where you solicit donations and which regimes apply.
- Check your notifications: In most states, deemed status depends on a notification to the ACNC or the state regulator. Confirm that you have given every notice you need.
- Review your practices against the National Fundraising Principles: The Principles are now a condition of fundraising in most jurisdictions. Review your fundraising policies, third-party and commercial fundraiser arrangements, complaints processes and donor communications against them.
- Watch Tasmania and Queensland: Look out for the commencement of the Tasmanian reforms and consultation on its Code of Practice, as well as any progress in Queensland.
How we can help
Our Charities and Social Sector team advises on charitable fundraising compliance across Australia, including cross-border fundraising, commercial fundraiser arrangements and implementing the National Fundraising Principles.
If you would like to discuss how these reforms affect your organisation, please get in touch.