Fundraising reforms to aid Vic charities
The Victorian government has passed Consumer Legislation Amendment Act 2019, which made important changes from 31 August to the state’s Fundraising Act 1998.
Entities already registered with the ACNC will no longer need to register as a fundraiser with Consumer Affairs Victoria. Instead, they will need only to notify CAV of their intention to fundraise and will become ‘deemed registered fundraisers’.
The situation is similar for registered charities in South Australia.
A deemed registered fundraiser must notify CAV within 28 days if it contracts a commercial fundraiser to conduct an appeal. Penalties may be imposed for not complying with the provision.
The penalties bring matters within ACNC governance standard 3 Compliance with Australian Laws (refer here), which means failing to comply is a breach of both the law and the standard.
Charities that are Victorian incorporated associations no longer need to duplicate reporting to both CAV and ACNC. They need only report their fundraising activities in their annual information statements to the ACNC.
For non-ACNC entities in Victoria (for example, not-for-profit sporting clubs) existing registration continues and fundraising licences are required.