{"id":"sr:fundraising-regulations-2019","name":"Fundraising Regulations 2019","slug":"fundraising-regulations-2019","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181297,"registerId":"vic-sr:fundraising-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fundraising Regulations 2019","content":"Version No. 002\n\n**Fundraising Regulations 2019**\n\n**S.R. No. 35/2019**\n\nVersion incorporating amendments as at  \n3 July 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 2\n\n3 Commencement 2\n\n4 Revocation 2\n\n5 Definitions 2\n\n6 Activities not constituting a fundraising appeal 2\n\n7 Identification badges 3\n\n8 Fundraisers must keep records of badges 4\n\n9 Renewal of registration 4\n\n9A Deemed registered fundraisers to comply with the National Fundraising Principles 4\n\n9B Deemed registered fundraisers are exempt from certain requirements of the Act 5\n\n10 Fee for inspecting records 5\n\n11 Infringement penalties 5\n\n12 Additional information that may be contained in the register 5\n\nSchedule 1—Infringement penalties 6\n\nSchedule 2—The National Fundraising Principles 7\n\n═════════════\n\nEndnotes 10\n\n1 General information 10\n\n2 Table of Amendments 12\n\n3 Explanatory details 13\n\n**Version No.** **002**\n\n**Fundraising Regulations 2019**\n\n**S.R. No. 35/2019**\n\nVersion incorporating amendments as at  \n3 July 2024\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to prescribe certain activities as not being fundraising appeals; and\n\n(b) to specify additional requirements for identifying badges worn by persons who are conducting or participating in a fundraising appeal; and\n\n(c) to prescribe certain record-keeping requirements; and\n\n(d) to prescribe the information and consents required for an application to renew registration as a fundraiser; and\n\nReg. 1(da) inserted by S.R. No. 67/2024 reg. 5.\n\n(da) to require that deemed registered fundraisers comply with the National Fundraising Principles when conducting fundraising appeals; and\n\n(e) to prescribe the fee for inspecting records; and\n\n(f) to prescribe infringement penalties for offences referred to in section 61D of the **Fundraising Act 1998**; and\n\n(g) to prescribe additional information that may be contained in the register; and\n\n(h) to prescribe other matters necessary to give effect to the **Fundraising Act 1998**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 71 of the **Fundraising Act 1998**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 June 2019.\n\n\t4 Revocation\n\nThe Fundraising Regulations 2009[[1]](#endnote-1) are **revoked**.\n\nReg. 5 (Heading) substituted by S.R. No. 67/2024 reg. 6(1).\n\n\t5 Definitions\n\nIn these Regulations—\n\nReg. 5 def. of *the Act* amended by S.R. No. 67/2024 reg. 6(2).\n\n***the Act*** means the **Fundraising Act 1998**;\n\nReg. 5 def. of *the National Fundraising Principles* inserted by S.R. No. 67/2024 reg. 6(3).\n\n***the National Fundraising Principles*** means the principles set out in Schedule 2 relating to the conduct of fundraising appeals by deemed registered fundraisers.\n\n\t6 Activities not constituting a fundraising appeal\n\nFor the purposes of section 5(3)(g) of the Act, each of the following activities is not a fundraising appeal—\n\n(a) the soliciting or receipt of any money or benefit by, or on behalf of, a person or organisation in lieu of flowers being sent to a deceased person's funeral or family during the bereavement period;\n\n(b) the soliciting or receipt of any money or benefit by, or on behalf of, a deceased person's family for the benefit of a person or organisation in lieu of flowers being sent to the deceased person's funeral or family during the bereavement period.\n\n\t7 Identification badges\n\n(1) A person who issues an identifying badge under section 9(2) of the Act must ensure that the badge prominently displays—\n\n(a) the name of the person conducting the fundraising appeal; and\n\n(b) the name of the person to whom the badge is issued; and\n\n(c) if the identifying badge is issued to a person who solicits or receives money or a benefit from a person who is in a motor vehicle on a road, an identification number that is—\n\n(i) issued by the person conducting the fundraising appeal; and\n\n(ii) unique to the person to whom the badge is issued.\n\n(2) Information required to be displayed on an identifying badge under section 9(2) of the Act or subregulation (1) must—\n\n(a) only contain lettering or numbers with a height of not less than 4 millimetres; and\n\n(b) if the information is handwritten, be in capital letters.\n\n(3) If an identifying badge contains information other than the mandatory information referred to in section 9(2) of the Act and subregulation (1), the information must be no greater in height than the mandatory information.\n\n\t8 Fundraisers must keep records of badges\n\n(1) A person who issues a unique identification number for the purposes of regulation 7(1)(c) must make a record of each identification number issued and the name of the person to whom it relates.\n\n(2) A person who makes a record under subregulation (1) is exempt from having to comply with section 31(2) of the Act in relation to that record on condition that the person retains the record for at least 3 months after the end of the fundraising appeal for which the identifying badge is issued.\n\n\t9 Renewal of registration\n\nFor the purposes of section 22(2)(b) of the Act, an application to renew a person's registration as a fundraiser must—\n\n(a) contain the information required under section 18(2) for an application for registration as a fundraiser; and\n\n(b) be accompanied by—\n\n(i) the written consent to an intended appeal of each intended beneficiary of the appeal who has not previously provided consent to the appeal; or\n\n(ii) a written explanation of why it is not practicable to comply with subparagraph (i).\n\nReg. 9A inserted by S.R. No. 67/2024 reg. 7.\n\n\t9A Deemed registered fundraisers to comply with the National Fundraising Principles\n\nWhen conducting a fundraising appeal, a deemed registered fundraiser must comply with the National Fundraising Principles.\n\nReg. 9B inserted by S.R. No. 67/2024 reg. 7.\n\n\t9B Deemed registered fundraisers are exempt from certain requirements of the Act\n\nSubject to regulation 9A, a deemed registered fundraiser when conducting a fundraising appeal in Victoria is exempt from the requirements of the following sections of the Act—\n\n(a) section 9;\n\n(b) section 10;\n\n(c) section 11;\n\n(d) section 12A;\n\n(e) section 12B.\n\n\t10 Fee for inspecting records\n\nFor the purposes of section 33 of the Act, the prescribed fee for inspection of records is $25.00.\n\n\t11 Infringement penalties\n\nFor the purposes of section 61D(3) of the Act, the prescribed infringement penalty for an offence specified in column 1 of the Schedule is the amount specified in column 2 of the Schedule for that infringement offence.\n\n\t12 Additional information that may be contained in the register\n\nFor the purposes of section 70A(3)(e) of the Act, the register may contain—\n\n(a) the name and address of any commercial fundraiser that is administering all or part of a fundraising appeal for a registered fundraiser; and\n\n(b) details of any condition that has been imposed on a registered fundraiser in accordance with the Act.\n\nSchedule 1—Infringement penalties\n\nRegulation 11\n\n| *Item* | *Column 1*<br>*Infringement offence* | *Column 2*<br>*Infringement penalty* |\n| --- | --- | --- |\n| 1 | An offence against section 9(1) of the Act | 2·5 penalty units |\n| 2 | An offence against section 14(2) of the Act | 2·5 penalty units |\n| 3 | An offence against section 14(3) of the Act | 2·5 penalty units |\n| 4 | An offence against section 24D(2) of the Act | 2·5 penalty units |\n| 5 | An offence against section 29(3) of the Act | 12·5 penalty units |\n| 6 | An offence against section 29(4) of the Act | 12·5 penalty units |\n| 7 | An offence against section 29(5) of the Act | 12·5 penalty units |\n| 8 | An offence against section 29(8) of the Act | 12·5 penalty units |\n| 9 | An offence against section 29(9) of the Act | 12·5 penalty units |\n| 10 | An offence against section 31(1) of the Act | 12·5 penalty units |\n| 11 | An offence against section 31(2) of the Act | 12·5 penalty units |\n| 12 | An offence against section 32(2) of the Act | 12·5 penalty units |\n| 13 | An offence against section 33(4) of the Act | 2·5 penalty units |\n\n\n\n\nSch. 2 inserted by S.R. No. 67/2024 reg. 8.\n\nSchedule 2—The National Fundraising Principles\n\nRegulation 9A\n\nWhen conducting a fundraising appeal, a deemed registered fundraiser must ensure that their employees, volunteers, contractors and anyone else who they engage or arrange to raise funds on their behalf—\n\n1. Always explain the purpose of their charity and the purpose to which the funds raised will be applied in ways that are appropriate for the audience.\n\n2. Are always clearly, and individually, identifiable by the public (including by ensuring that each employee, volunteer, contractor or other person who raises funds displays identification that contains the individual's name, states whether they are a volunteer, an employee or acting in some other capacity for a deemed registered fundraiser or commercial fundraising organisation, and provides the name and contact details of the deemed registered fundraiser or commercial organisation).\n\n3. Always make and keep written records of the fundraising appeal that can be easily read and understood.\n\n4. Always acknowledge and comply with the following—\n\na. refusal to make a donation;\n\nb. request not to receive future solicitations (including marketing and promotional materials);\n\nc. request to be contacted at a more convenient time or by a different means;\n\nd. request to limit the number, type or frequency of solicitations.\n\n5. Never conduct a door to door or telephone fundraising appeal at the following times—\n\na. before 9 a.m. or after 5 p.m. on a weekend;\n\nb. before 9 a.m. or after 6 p.m. (door to door) or 8 p.m. (telephone) on a weekday;\n\nc. on a public holiday, unless the public holiday is closely connected with a deemed registered fundraiser's charitable purpose.\n\n6. Never mislead, deceive or knowingly use false or inaccurate information when fundraising.\n\n7. Never place undue or unreasonable pressure on a person when fundraising, or act unconscionably in any way to obtain a donation.\n\n8. Never exploit the trust, lack of knowledge, lack of capacity, apparent need for care and support, or vulnerable circumstances of any donor or prospective donor.\n\n9. Always make it clear whether a donation is a one-off or an ongoing donation, and clearly explain how to end an ongoing donation.\n\n10. Never accept a donation without having explained that they are part of an organisation that makes a profit from fundraising as well as how they are paid, if the fundraisers are commercial fundraisers engaged to fundraise for a deemed registered fundraiser.\n\nAt all times, when conducting a fundraising appeal, a deemed registered fundraiser must—\n\n11. Conduct all reasonable due diligence when engaging third parties to assist, support or deliver fundraising activities on its behalf.\n\n12. Make and keep written records of the total funds raised and the purposes for which funds are applied.\n\n13. Take all reasonable measures to protect the health, safety and wellbeing of fundraisers employed or directly engaged by them, as well as members of the public, when fundraising.\n\n14. Establish and maintain a complaints process that allows for proper investigation and redress of fundraising complaints that may be made by the public, and encourage anyone with concerns about a fundraising appeal conducted by or on behalf of the deemed registered fundraiser to contact them.\n\n15. Ensure information covered by the Privacy Act 1988 of the Commonwealth is collected, used and managed in accordance with the Australian Privacy Principles where required under that Act.\n\n16. Ensure remuneration to commercial fundraisers engaged to fundraise for a deemed registered fundraiser is not excessive when compared to money or goods received for the purpose of the fundraising appeal.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Fundraising Regulations 2019, S.R. No. 35/2019 were made on 21 May 2019 by the Governor in Council under section 71 of the **Fundraising Act 1998**, No. 78/1998 and came into operation on 1 June 2019: regulation 3.\n\nThe Fundraising Regulations 2019 will sunset 10 years after the day of making on 21 May 2029 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Fundraising Regulations 2019 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nFundraising Amendment (National Fundraising Principles) Regulations 2024, S.R. No. 67/2024\n\n| *Date of Making:* | 2.7.24 |\n| --- | --- |\n| *Date of Commencement:* | 3.7.24: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 72/2009.\n\n  ——\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed. The provided text contains only legislative metadata, version status indicators, and section headers — no substantive provisions are included. It is therefore impossible to determine whether the regulations as enacted differ from any original intent or draft."},"complexity_factors":["Insufficient substantive content provided — the document appears to be metadata and version history only, making genuine complexity assessment impossible","Fundraising regulations as a general category can involve moderate complexity due to licensing frameworks and compliance obligations, but none of that detail is visible here","No operative provisions, definitions, schedules, or penalty units are present to analyse","Score reflects the near-total absence of analysable legal content, not simplicity of the underlying law"],"plain_english_summary":"These regulations set detailed rules governing how fundraising is conducted, including licensing, duties for charities, community groups and professional fundraisers, recordkeeping and donor disclosures.\n\nThey affect charities, not‑for‑profits, community organisers, commercial fundraisers and members of the public who donate; they matter because they protect donors, ensure funds are used for intended purposes, and provide penalties for non‑compliance."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2019 regulations were straightforward administrative rules about badges, records, and fees. The July 2024 amendments significantly expanded the scope by introducing the 'National Fundraising Principles' framework. This created a dual compliance system where 'deemed registered fundraisers' (primarily large interstate charities) are exempt from most Victorian-specific requirements but must instead comply with a new Schedule 2 containing 16 detailed conduct principles. This shifts the regulations from purely procedural/administrative matters to substantive regulation of fundraising behaviour and ethics, effectively importing a national regulatory model into Victorian law."},"complexity_factors":["Relatively short document (16 substantive provisions including schedules)","Minimal cross-referencing—primarily references back to the parent Fundraising Act 1998 rather than complex inter-regulation navigation","Straightforward conditional logic with clear exemptions (regulations 8(2), 9B)","Two defined terms only ('the Act' and 'the National Fundraising Principles')","Schedule 2 contains 16 principles written in plain English directive style rather than dense legal prose","Recent amendments (July 2024) inserted new regulations 9A and 9B and Schedule 2, adding a dual-track compliance system (exemptions + principles) that requires readers to cross-reference between the exemption list and the principles","Penalty calculations require external reference to Monetary Units Act 2004 for current values"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the rules for how fundraising works in Victoria, working alongside the *Fundraising Act 1998*. They cover everything from street collectors wearing badges to record-keeping and fines for breaking the rules.\n\n**Key things it covers:**\n\n- **What's NOT a fundraising appeal:** If someone asks for money instead of flowers at a funeral, that's not counted as a regulated fundraising appeal.\n\n- **ID badges:** Anyone collecting money must wear a badge showing their name, the organisation's name, and (if collecting from cars) a unique ID number. The text must be at least 4mm high and in capitals if handwritten.\n\n- **Record-keeping:** Organisations must keep records of who gets which ID badge numbers for at least 3 months after the fundraising ends.\n\n- **Registration renewals:** Charities renewing their registration must get written consent from beneficiaries (the people or causes receiving the money) or explain why they can't.\n\n- **National Fundraising Principles:** A special category of fundraisers called \"deemed registered fundraisers\" (mostly large national charities) must follow a code of conduct covering honesty, identification, calling hours, and protecting vulnerable donors. These organisations are exempt from some Victorian-specific rules but must stick to these national principles.\n\n- **Fines:** The regulations set specific fines (in \"penalty units\") for offences like failing to wear proper ID, not keeping records, or obstructing inspections. The current value of a penalty unit is $197.59 (as of July 2024).\n\n- **Inspection fees:** It costs $25 to inspect fundraising records.\n\n**Who it affects:**\nCharities, not-for-profits, commercial fundraising companies, and anyone collecting money for charitable purposes in Victoria. It particularly affects large national charities that operate across multiple states.\n\n**Why it matters:**\nThese rules protect donors from scams and high-pressure tactics while making sure legitimate charities can operate transparently. The 2024 updates bring Victoria into line with national fundraising standards, making it easier for big charities to operate across Australia without juggling different rules in every state."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The 2024 amendment added the National Fundraising Principles (reg 9A and Schedule 2) and a conditional exemption route for 'deemed registered fundraisers' from several sections of the Fundraising Act (reg 9B). Mechanically this substitutes a principles‑based compliance regime for certain statutory requirements (sections 9, 10, 11, 12A, 12B) when the Principles are followed, expanding the compliance options for some fundraisers while leaving the Act and other regulatory obligations intact."},"complexity_factors":["Interplay with the Fundraising Act: these are subordinate rules made under s71 of the Act and must be read with the Act (regs 2, 5).","Addition of National Fundraising Principles and conditional exemptions: regs 9A and 9B and Schedule 2 require deemed registered fundraisers to follow detailed conduct rules while exempting them from sections 9, 10, 11, 12A and 12B of the Act when complying with those Principles (reg 9A–9B; Sch 2).","Identification badge design and uniqueness requirements, including mandatory minimum lettering size and unique ID numbers for roadside solicitation (reg 7(1)(c), reg 7(2)).","Record‑keeping obligations and a limited exemption from section 31(2) of the Act tied to a minimum 3‑month retention period for badge ID records (reg 8(1)–(2)).","Renewal application evidentiary burden: renewal must include the same information as initial registration and either written consent from intended beneficiaries or an explanation why consent is impracticable (reg 9).","Operational conduct rules in the National Fundraising Principles: timing limits for door‑to‑door/telephone appeals, disclosure requirements, recordkeeping, complaints processes, privacy and donor‑protection obligations (Sch 2 items 1–16).","Third‑party and commercial fundraiser regulation: duties to make fundraisers identifiable, disclose commercial fundraising arrangements and ensure remuneration is not excessive (Sch 2 items 2, 10, 16; reg 12(a)).","Enforcement architecture: prescribed inspection fee ($25) and a schedule of infringement penalties expressed in penalty units for specified Act offences (reg 10; reg 11 and Schedule 1), linking monetary amounts to the Sentencing/Monetary Units Acts (Endnotes).","Administrative discretion and substitution effects: reg 9B creates an alternative compliance pathway (Principles instead of specific Act sections) which concentrates decision‑making on whether a fundraiser is ‘deemed registered’ and compliant with Sch 2.","Amendment history and temporal scope: Regs were amended in 2024 to add the Principles and related exemptions (S.R. No. 67/2024), and the instrument sunsets in 2029 (Endnotes)."],"plain_english_summary":"These Regulations set detailed rules for fundraising: they list activities that are not ‘fundraising appeals’, prescribe how ID badges must look and be recorded, set renewal, inspection-fee and infringement‑penalty rules, and (by amendment) require ‘deemed registered fundraisers’ to follow the National Fundraising Principles while giving them limited exemptions from parts of the Fundraising Act. They affect registered and commercial fundraisers, volunteers and contractors by shifting compliance tasks (identification, consent, records, conduct standards) onto fundraisers and creating alternative compliance routes for some."}},"importantCases":[],"_links":{"self":"/api/acts/fundraising-regulations-2019","history":"/api/acts/fundraising-regulations-2019/history","analysis":"/api/acts/fundraising-regulations-2019/analysis","conflicts":"/api/acts/fundraising-regulations-2019/conflicts","importantCases":"/api/acts/fundraising-regulations-2019/important-cases","documents":"/api/acts/fundraising-regulations-2019/documents"}}