Thursday March 2012

Stack of documentsSummary – 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 different requirements for registration and compliance. The discussion paper proposes to introduce standardised fundraising laws across Australia.

The kinds of “fundraising activity” subject to regulation, as proposed by the paper, would encompass any activity involving the solicitation or receipt of money or other property primarily for a “charitable purpose”.  “Charitable purpose” will be defined in accordance with the upcoming statutory definition of “charity”, currently contemplated by the Commonwealth Government.  The requirement for a “charitable purpose” suggests that fundraising activities for causes that do not fall within the definition of “charity” will not be caught by the proposed national fundraising laws.


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Kylie Maxwell presenting at the Netball NSW 2012 ConferenceSummary – 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

Summary New laws introduced on 1 January 2012 change the way public ancillary funds are structured, operated and wound up.

On 1 January 2012, new laws governing the definition and operation of public ancillary funds came into force.  The definition is now the cornerstone for organisations seeking to have their ancillary fund endorsed by the Australian Taxation Office as a deductible gift recipient.

Trustees of and donors to public ancillary funds should be aware that:

  • new Public Ancillary Fund Guidelines 2011 (the Guidelines) now apply to certain public ancillary funds;
  • the Guidelines stipulate minimum levels of distributions from the public ancillary fund during a financial year;
  • the Commissioner now has powers to suspend and remove trustees of certain public ancillary funds, and appoint acting trustees in circumstances where the Guidelines are not complied with;
  • the legislation transitions most public ancillary funds into being managed by corporate trustees which meet certain constitutional criteria;
  • administrative penalties apply for breaches of certain rules in the Guidelines;
  • such administrative penalties can be imposed on directors of the corporate trustee in certain circumstances; and
  • there is a “phase-in” period specified for public ancillary funds that are already endorsed as deductible gift recipients.


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Road worker holding "Slow" signThe Government has just announced the delay of the commencement of the ACNC and the setting up of a working group to work through major tax reforms for the Not-For-Profits sector.

The Assistant Treasurer announced on 1 March 2012 that the ACNC will not commence operation until 1 October 2012.

The Assistant Treasurer and Minister