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Charities & Not-For-Profits Law in Australia

Tag Archives: charities

School Building Funds’ Compliance Reminder

Posted in Compliance, Fundraising, General, Governance

A reminder to check your School Building Funds’ compliance with the ATO requirements. School and College Building Funds may attract the attention of the ATO’s compliance program this year.  The ATO develops and implements its compliance program annually, which identifies key areas for its compliance activities for the financial year.  The compliance program targets areas… Continue Reading

Reporting Deadline for Charities and Public Ancillary Funds Fast Approaching!

Posted in Compliance, Fundraising, General, Governance, Tax Exemptions & DGR Status

The ATO and ACNC are reminding charities and ancillary funds that the annual reporting period is fast approaching. Charities Charities registered with the ACNC (that have an annual year end of 30 June) have less than a week to submit their Annual Information Statement (AIS) to the ACNC. The AIS should be lodged via the… Continue Reading

ACNC Releases Commissioner’s Interpretation Statement on Public Benevolent Institutions

Posted in Compliance, Fundraising, General, Governance, Tax Exemptions & DGR Status

The ACNC Commissioner has just released the ACNC’s Interpretation Statement on Public Benevolent Institutions. The Interpretation Statement provides guidance on the ACNC’s interpretation of the law pertaining to Public Benevolent Institutions (PBI) and insight into how the ACNC and its staff will assess a charitable organisation’s entitlement for endorsement as a PBI. The Interpretation Statement… Continue Reading

Privacy Act Amendments to Regulate Businesses and Government Agencies

Posted in Compliance, General, Governance

Businesses including Not-for-Profit entities should review their privacy policies and procedures to ensure that they comply with the new Australian privacy principles before they commence on 14 March 2014. The Privacy Amendment (Enhancing Privacy Protection) Act 2012 is the most significant privacy reform since the Privacy Act was introduced over 25 years ago. The new… Continue Reading

New Government Brings Uncertainty to the Not-For-Profit and Charity Sector

Posted in Compliance, General, Governance

Following the Coalition’s election win in September, the Government has continued its rhetoric that it will dismantle the Australian Charities and Not For Profits Commission (ACNC) and move all regulatory functions to the Australian Taxation Office (ATO). With the ACNC still in its infancy, this has brought great uncertainty to the NFP and charity sectors…. Continue Reading

Update: Local Councils, Church, Charities and Not-For-Profit Groups to vote on settlement proposal relating to failed investment bank, Lehman Brothers

Posted in General, Liability & Risk

Summary – Update:  Local Councils, Church, Charities and Not-For-Profit Groups who purchased complex financial products from Lehman Brothers are set to vote on a settlement proposal to get up to half their money back from liquidators of the failed investment bank. You may recall we posted a blog article in October 2012 titled “Lehman Brothers class action… Continue Reading

Results are in!!!

Posted in Compliance, General

Makinson & d’Apice 2012 NFP Survey Results ACNC Still a Hot Topic The new Not-For-Profit regulator,  the Australian Charities and Not-For-Profits Commission  (ACNC),  remains a hot topic across the sector.  With ramifications for every charity, community cause, and religious organisation, as well as the economy and the wider community, the new regulator has been on… Continue Reading

ACNC Commences Operation

Posted in Compliance, Fundraising, General, Governance, Liability & Risk, Tax Exemptions & DGR Status

Summary – The Australian Charities and Not-For-Profits Commission (ACNC) legislation has received royal assent and the ACNC has commenced operation. Today the Governor General assented to the Australian Charities and Not-For-Profits Commission Act 2012 and the Australian Charities and Not-For-Profits Commission (Consequential and Transitional) Act 2012 (ACNC Acts). Who is regulated by the legislation? Although… Continue Reading

Lehman Brothers class action – a win for NFPs

Posted in General, Liability & Risk

Summary – Federal Court rules Lehman Brothers Australia is financially liable for misleading clients including Church and Not-For-Profit Groups to purchase complex financial products. In Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in Liq) [2012] FCA 1028, the Federal Court of Australia has held that Lehman Bros Australia Ltd (In Liq), which was formerly… Continue Reading

ACNC Bills: Inquiry Report issued

Posted in Compliance, General, Governance, Tax Exemptions & DGR Status

  Summary – The House Standing Committee on Economics has presented its Report on the Exposure Draft of the Australian Charities and Not-For-Profits Commission Exposure Draft Bills. On 15 August 2012, after completing its Inquiry, the House of Representatives Standing Committee on Economics issued its report entitled “Report on the Exposure Draft of the Australian… Continue Reading

Draft Australian Charities and Not-For-Profits Commission Bill

Posted in Compliance, General, Governance, Tax Exemptions & DGR Status

Summary – The draft Australian Charities and Not-For-Profits Commission (ACNC) Bill has been released. The Assistant Treasurer, the Hon David Bradbury MP, has referred the draft ACNC legislation to the House of Representatives’ Standing Committee on Economics for an inquiry. The Minister released the Exposure Draft of the legislation and explanatory materials on 6 July… Continue Reading

In Australia Tax Concession Requirements Reviewed

Posted in Compliance, General, Governance, Tax Exemptions & DGR Status

Summary – The Assistant Treasurer has issued a further Exposure Draft on proposed legislation restating and standardizing special conditions for tax concession charities including the “In Australia” conditions. The Assistant Treasurer has now released a further Exposure Draft of legislation restating and standardising special conditions for tax concession entities and, in particular, refining the “In… Continue Reading

NSW State Legal Conference

Posted in Compliance, General, Governance, Tax Exemptions & DGR Status

Summary – Bill d’Apice and Kylie Maxwell presented to the NSW State Legal Conference on NFP structures and the reform agenda for charities and NFPs on 27 March 2012. Bill d’Apice and Kylie Maxwell both gave presentations to many lawyers and sector representatives at the request of organisers of the NSW State Legal Conference. They addressed current issues affecting… Continue Reading

Netball NSW 2012 Conference

Posted in General

Summary – Makinson & d’Apice Lawyers presented at the 4th Biennial Netball NSW Conference. On the sunny morning of Saturday, 25 February 2012, Kylie Maxwell and I gave presentations to attendees of the 4th Biennial Netball NSW Conference at Sydney Olympic Park.  The Conference was organised by Netball NSW and we were honoured to have… Continue Reading

New Zealand Charities Commission “Disestablished”

Posted in Compliance, Governance

SUMMARY The New Zealand Charities Commission is to be disestablished due to a duplication of government functions, while Australia is setting up its Australian Charities & Not-For-Profits Commission. Charities and Not-For-Profit organisations in Australia will be interested to know that while the Federal Government is setting up the Australian Charities and Not-For-Profits Commission (which is… Continue Reading

Government Reforms of NFP Sector Abound

Posted in Compliance, Governance, Tax Exemptions & DGR Status

The Federal Government has been working on the reform of the Charities and Not-For-Profit sector arduously before the Christmas break. In particular, the Government has released: a consultation paper reviewing Not-For-Profit governance arrangements (submissions due 20 January 2012); an exposure draft of legislation to create the ACNC (submissions due 20 January 2012); a draft tax ruling… Continue Reading