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Charities & Not-For-Profits Law in Australia

Tag Archives: Not-For-Profits

Remunerating Charity Board Members

Posted in Compliance, Fundraising, Governance

The ACNC have recently released an information paper ‘Remunerating Charity Board Members‘ for charities considering paying board members for their services as a board member. The term ‘board members’ is used throughout the information paper to generically refer to the responsible persons of a charity, such as committee members, directors or Trustees. The ACNC have… Continue Reading

Crowdfunding and Charities

Posted in Fundraising, Governance

Crowdfunding has become a very popular method of online fundraising for charities and not‑for‑profits. It generally involves an organisation setting a fundraising target online and then asking those on the internet (the crowd) for donations to reach that target. The ACNC has issued some information for charities and donors about the use of crowdfunding.  In… Continue Reading

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

Are you eligible to Bulk Lodge your Annual Information Statement with the ACNC?

Posted in Compliance, General, Governance

Charities registered with the Australian Charities and Not-for-Profits Commission (ACNC) are required to submit an Annual Information Statement (AIS) each year. To make AIS reporting easier for organisations such as a corporate trustee administrating multiple trusts, or an administrative office for multiple religious charities,  the ACNC released form 4C Annual Information Statement – Bulk Lodgement… Continue Reading

Not-For-Profit Sector Freedom to Advocate Bill Introduced to the Senate

Posted in Compliance, General, Governance

Summary – Not-For-Profit Sector Freedom to Advocate Bill Introduced to the Senate. On Wednesday 13 March 2013, Senator Penny Wong tabled the Not for Profit Sector Freedom to Advocate Bill in the Senate. The Bill invalidates gag clauses contained in past, present and future Commonwealth government contracts with Not-For-Profit organisations. The legislation is intended to… Continue Reading

Further Progress towards a National Regulatory Framework

Posted in Compliance, General, Governance

Summary – The ACT has followed the move by South Australia to sign up to the ACNC legislative framework.  Who will be next? It has been announced that the Australian Capital Territory (ACT) will be signing up to the Australian Charities and Not-For-Profit Commission (ACNC) regulatory framework by making changes which will carve out the… Continue Reading

ACNC Governance Standards to be Tabled in Parliament

Posted in Compliance, General, Governance

In mid-December the Gillard Government released draft Governance Standards for consultation. These standards will apply to all charities registered with the ACNC (for more information on the draft governance standards and the information see our article “Draft Governance Standards and Financial Reporting Regulations Released” published on 18 December 2012). Although the consultation period only closed 3… Continue Reading

Results of the ACNC Regulatory Approach Consultation

Posted in Compliance, General, Governance

Summary – The ACNC has conducted a consultation of its regulatory approach…. and the results are now in. The Australian Charities and Not-For-Profits Commission (ACNC) conducted a public consultation between December 2012 and 1 March 2013 on its preliminary regulatory approach statement.  The consultation has now closed and over 250 people provided feedback through either… Continue Reading

Revised Commonwealth Grant Guidelines for the Not-For-Profit Sector Released

Posted in Compliance, General, Governance

Summary – The Government has released revised Commonwealth Grant Guidelines for the Not-For-Profit sector in an attempt to reduce red tape and improve collaboration between Government and the Not-For-Profit sector. The Government has released revised Commonwealth Grant Guidelines for the Not-For-Profit sector. Grants are widely used by the Government to achieve government policy objectives, involving… Continue Reading

Draft Details Regarding the ACNC Annual Information Statement Released

Posted in Compliance, General, Governance

Summary – Draft Details Regarding the ACNC Annual Information Statement Released Under the Australian Charities and Not-for-Profits Commission (ACNC) Act 2012 all registered charities are required to prepare and lodge Annual Information Statements. Registered charities must submit an Annual Information Statement (AIS) to the ACNC Commissioner no later than 6 months after the charity’s end… Continue Reading

Draft Governance Standards and Financial Reporting Regulations Released

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

Summary – The Government has released the draft Governance Standards and Financial Reporting Regulations. Yesterday the Government released the draft Governance Standards and Financial Reporting Regulations (together, the Regulations) as part of the reforms to follow the newly operational Australian Charities and Not-for-Profits Commission (ACNC). The Consultation Paper on the Governance Standards can be accessed here; and the Draft… 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 Legislation passes through Parliament!

Posted in Compliance, Governance, Tax Exemptions & DGR Status

Summary –  Legislation to establish the Australian Charities and Not-For-Profits Commission (ACNC) has passed through both Houses of Federal Parliament. The ACNC has been established as a specialist, national regulator for the Australian charities and Not-For-Profits (NFP) sector.  Its establishment is the cornerstone of the Federal Government’s NFP reform agenda for the implementation of a national approach… 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

Fundraising Reform for Charities

Posted in Compliance, Fundraising

Summary – The Treasurer released a consultation paper on charitable fundraising reform in February 2012. The Treasury recently released a discussion paper and draft regulation impact statement in relation to proposed charitable fundraising reform.  At the moment, all States and Territories in Australia (except the Northern Territory) have their own fundraising regulations and they have… 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