NSW Commonwealth Charities Do Not Need Permission to Fundraise in NSW

Customer Service Legislation Amendment Bill 2023

12 Mar 2024: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

associations charitable fundraising charitable trusts corporate governance financial reporting non-profit organisations professional licensing real estate registration requirements

Introduced by: The Hon Anoulack Chanthivong MP (ALP); The Hon Penny Sharpe MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

ACNC registered entities get automatic authority to fundraise in New South Wales; they must notify the ACNC Commissioner first.
The Customer Service Secretary can suspend or cancel a charity's authority to fundraise if the charity fails to provide required statements or reports to the Commonwealth.
Tier 1 and Tier 2 associations no longer have to lodge certain financial documents or summaries with the Customer Service Secretary; they must be ACNC registered and have their reports publicly available.
Regulations can now exempt ACNC registered entities from all or part of the Associations Incorporation Act 2009.
Regulations can now exempt fundraising authority holders from parts of the Charitable Fundraising Act 1991; they can also impose extra requirements on these holders.
The Customer Service Secretary can extend registration certificates beyond four years if exceptional circumstances exist.
Cancelled or surrendered registration certificates can no longer be restored.
The Customer Service Secretary can now grant, extend, or restore a property and stock agent's registration for longer than 4 years if there are exceptional circumstances.
Property and stock agent registrations that have been surrendered or cancelled can no longer be restored.
New regulations can now exempt ACNC registered entities and holders of deemed fundraising authorities from some or all of their legal requirements.

The Debate

What different members said when this bill was debated:

Aileen MacDonald LIB

“I lead for the Opposition in debate on the Customer Service Legislation Amendment Bill 2023. The Coalition supports the measures in the bill. As was outlined in the other House and in this place by the Parliamentary Secretary in his second reading speech, the bill will make amendments in three distinct areas, which I will summarise.”

Official source →

Mark Buttigieg ALP

“As members have heard, the bill deals with three distinct matters. The reforms in the bill will help the charitable funding sector operate more efficiently, ensure that the New South Wales property services industry can operate without widespread disruption after 22 March 2024 and give the New South Wales airport retail leasing sector more clarity and consistency.”

Official source →

News articles and press releases

Customer Service Legislation Amendment Bill 2023

Mr ANOULACK CHANTHIVONG, Minister for Better Regulation and Fair Trading — 2023-11-22

The bill deals with three distinct matters. First, the bill will introduce a deemed recognition and compliance model for charitable fundraising in New South Wales. Second, the bill will introduce measures to deal with a significant licensing issue in the property and real estate sector. Third, the bill will enable the operation of retail outlets at the Western Sydney airport.