In some States (Victoria, New South Wales, and Queensland) legislation exists which requires an organisation established for a ‘charitable purpose’ to be registered.
The legislation regulates the activities of the charitable organisation, and imposes obligations on it. In Tasmania, a charity will be an incorporated association. Some of the activities of a charity are governed by the Collections for Charities Act 2001 (Tas).
For charities not registered in Tasmania, an Approval to Solicit for Charitable Donations within Tasmania may be required.
Whether or not an organisation is charitable is a question of fact to be determined by the nature of the objects of the organisation and its activities.