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Charities & Not-For-Profits Law in Australia

Tag Archives: ACNC

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

CPA Guide helps ACNC Charity Compliance

Posted in Compliance, General

CPA Australia has just released a new guide “Charities – A guide to financial reporting and assurance requirements” to assist charities registered with the Australian Charities and Not-for-profits Commission (ACNC) to understand and comply with their various reporting obligations. This resource is the first of its kind and sets out in plain English the range… Continue Reading

ACNC Private Ancillary Fund Privacy Opt-in Extended to 30 June 2014

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

Under the Australian Charities and Not-for-Profits Commission Act 2012, certain information must be published by the Commissioner on the ACNC Register for the public to view. This information includes the entity’s name, ABN, sub-type, governing rules, details of responsible entities, information statements, financial reports or any other information the Commissioner is authorised to collect. This… Continue Reading

ACNC and the Advancement of Religion

Posted in Compliance, General, Tax Exemptions & DGR Status

Charities registered with the ACNC which solely pursue purposes for the advancement of religion must ensure that the correct corresponding “sub-type” of entity (i.e. advancement of religion) has been confirmed with the ACNC before 3 December 2013. In accordance with the Charities (Consequential Amendments & Transitional Provisions) Act 2013 from 1 January 2014 there will… Continue Reading

Statutory Definition of Charity Passed by Parliament

Posted in Compliance, General, Governance

In our blog on 3 June 2013 we wrote that the Federal Government had introduced the Charities Bill 2013 and Charities (Consequential Amendments and Transitional Provisions) Bill 2013 into Parliament. On 27 June 2013 only 1 day before Parliament rose and despite resistance from the opposition, the Bills passed unamended and are scheduled to commence… Continue Reading

Statutory Definition of Charity Introduced to Parliament

Posted in Compliance, General, Governance

In our blog on 9 April 2013 we wrote that the Federal Government had released an exposure draft of the Charities Bill 2013 and Charities (Consequential Amendments and Transitional Provisions) Bill 2013 for consultation. On Wednesday 29 May 2013, almost three weeks after consultation on the Bill closed the Government introduced an amended version of… Continue Reading

ACNC – Religious Institutions

Posted in Compliance, General, Tax Exemptions & DGR Status

There may be some unforeseen tax consequences for religious institutions with the passing of the Australian Charities and Not-For-Profits Act 2012 (ACNC Act). Religious institutions (e.g. Dioceses, Parishes and Orders) are generally considered to be unincorporated associations in civil law.  An unincorporated association does not have a distinct legal status separate from its members. Because… Continue Reading

What is a Charity? Statutory Definition of Charity Released

Posted in Compliance, General, Governance

Summary – On 8 April the Federal Government released an exposure draft of the Charities Bill 2013 and Charities (Consequential Amendments and Transitional Provisions) Bill 2013 for consultation. The Government has released for comment a draft exposure of the Charities Bill 2013 which will introduce the long awaited statutory definition of “charity”. In Australia, there… 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

AIS Details Released for Consultation

Posted in Compliance, General, Governance

Summary – Details regarding the 2013 transitional and 2014 ACNC Annual Information Statements have been released. Earlier this month we foreshadowed that the Australian Charities and Not-for-Profits Commission (ACNC) would release the proposed information to be included in the compulsory Annual Information Statement (AIS) under the ACNC Act. Regardless of size or purpose all charities… 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

ACNC “Confirm your registered charity details” form now available online

Posted in Compliance, General, Governance

Summary – The ACNC has posted the “Confirm your registered charity details” form online and is sending copies to registered charities in a mail-out, giving charities the opportunity to confirm a range of information. The ACNC has just uploaded Form AB “Confirm your registered charity details”. This form will also be sent in a mail-out to all… Continue Reading

COAG Regulatory Impact Statement released for Consultation

Posted in Compliance, Fundraising, General, Governance

Summary – COAG has released the Regulatory Impact Assessment (RIA) of potential duplication of governance and reporting standards for charities. On 25 January, COAG released a Regulatory Impact Assessment (RIA) concerning potential duplication of governance and reporting standards for charities. COAG says the purpose of the RIA is to identify and quantify the extent of duplication… 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 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

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

ACNC Delayed

Posted in General, Governance

Summary – The legislation establishing the ACNC was not passed during the current session of Parliament. Legislation to establish the Australian Charities and Not-For-Profits Commission (ACNC) has not yet been passed by both Houses of Parliament during its September session.  The Bills were passed in the House of Representatives on 18 September 2012 but they… 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