3. Other requirements relating to selected fundraising activities

3.1 Street collections

The Street Collections (Regulation) Act 1940 applies to any organisation conducting a street collection. However, it only regulates street collections in the metropolitan area. Associations in regional areas should check with their local council.

A permit is required for any street collection in the Perth metropolitan area, regardless of whether or not the proceeds are to be used for a charitable purpose. For example, a T-Ball club wanting to hold a street collection to raise funds for equipment would need a permit, even though the purpose of the fundraising is not considered charitable.

Please note that the definition of 'public street' includes private land that is used by the public for pedestrian traffic. The car parks and footpaths outside a shopping centre are therefore considered to be a street for the purposes of street collections.

An application for a permit is made to the Charitable Collections Advisory Committee. The application must set out details on the purpose and locality of the street collection, and any other relevant information. The Committee requires at least six weeks' notice to allow time for the permit to be prepared and signed.

A report on the amounts received and expenses incurred must be sent to the Committee within 30 days of the street collection.

Guidelines for street collections:

3.2 Door-to-door collections

Associations that are licensed to raise funds from the public for charitable purposes may carry out door-to-door collecting from households. Collectors are allowed to collect between the hours of 9am and 6pm on Mondays to Saturdays only and must wear an identity badge. Children under the age of 16 may not act as door-to-door collectors.

An association that does not hold a charitable collections licence may also collect door-to-door, provided that it does not collect for a charitable purpose. For example, P&C and sporting associations would typically not need a licence. As such, the requirements of the Charitable Collections Act do not apply to these groups when collecting door-to-door. It is worth remembering, however, that the best donors are happy donors, and following the Commerce guidelines will help to ensure that your collectors will be welcomed next time they knock on the door!

3.3 Fundraising in shopping centres

Shopping centres are good places for raising funds because of the large numbers of people passing through. Associations that wish to fundraise in a shopping centre must obtain permission from the shopping centre management office, but at the moment no other permits are required.

Shopping centres have their own policies on providing space for fundraising. As shopping centres are so popular and space is limited, it is essential to plan well in advance. It can take 12 months to obtain a space. Shopping centres will generally require public indemnity insurance (refer to the section on Insurance).

Be prepared! It is highly likely that the new charities legislation will expand the definition of a “street” so that fundraising in shopping centres will require associations to hold a street appeal permit.

3.4 Lotteries and games

Lotteries (raffles) and games, such as bingo, are popular fundraising activities. The Gaming and Wagering Commission Act 1987 provides for permits to charitable groups, community based organisations and sporting bodies for the purpose of raising funds from gaming related activities. The gaming activities covered by the Gaming and Wagering Commission Act 1987 include:

• standard lotteries (these are typical raffles where tickets are on sale for more than a day);
• continuing lotteries;
• trade promotion lotteries (eg a colouring in competition or entires drawn randomly from a barrel);
• video lottery terminals;
• bingo;
• two-up;
• sweepstakes;
• gaming functions; and
• football tipping competitions and minor fundraising activities.

Associations wishing to raise funds from one of these activities will in most cases need to obtain a permit from the Department of Racing, Gaming and Liquor (DRGL). Funds raised must be for charitable purposes, or for a purpose that is not for private gain or a commercial undertaking. In making an application for a permit, your association will be required to provide a copy of the rules of association or certificate of incorporation to show that they are a genuine group.

There are different application forms, conditions and fees for each lottery and gaming activity. It is important to complete the correct form/s, which can be obtained from the DRGL or downloaded from its website.

Minor fundraising activities, which include football tipping competitions where the total prize money is less than $10,000 and raffles under 24 hours' duration, do not usually require a permit. However, check with the Department if you are not sure whether or not you require a permit for your activity or you could be liable for a fine.

3.5 Selling food at fundraising events

Selling food is a very popular and profitable way of raising funds, whether it is a cake sale, a sausage sizzle, an occasional food stall or a large food and wine festival. However, preparing and selling food requires very careful handling and preparation for reasons of hygiene and safety.

The following laws regulate fundraising activities, involving the preparation and supply of food in Western Australia:

• the Health Act 1911;
• the Health (Food Hygiene) Regulations 1993; and
• the Food Standards Code.

Associations that are planning to organise temporary food stalls need to obtain a permit from their local council. Councils will also probably be able to provide the association with general guidelines on preparing and selling food. Ask to speak to the environmental health officer.

3.6 Serving alcohol at fundraising events

If the fundraising activity or event also includes selling and supplying alcohol, it will be necessary to obtain a liquor licence. The DRGL grants licences under the Liquor Control Act 1988 which regulates the:

• sale, supply and consumption of liquor;
• use of premises on which liquor is sold; and
• services and facilities provided in conjunction with the sale of liquor.

Incorporated associations organising fundraising events at which liquor will be sold will need to apply for an occasional licence. This is a licence for people/associations that do not hold any other licence under the Liquor Control Act 1988. An occasional licence permits the sale of liquor at a function, which means a 'gathering, occasion or event, including a sporting contest show, exhibition, trade or other fair or reception, at which liquor is sold and supplied'.