Australian Charities and Not-for-Profits Commission

piggy bankSummary – The Federal budget which was delivered on 14 May 2013 contained the following announcements that relate particularly to charities and not-for-profit organisations:

 

  1. Not-for-profit sector reforms — introducing a statutory definition of ‘charity’

Statutory definition of charity

Revenue ($m)

2012/2013

2013/2014 2014/2015 2015/2016

2016/2017

Australian Taxation Office

*

*

*

*

The Federal budget included an amended start date for the proposed definition of charity which was due to commence on 1 July 2013.

This has now been deferred until 1 January 2014. The long awaited exposure draft legislation was released in April and submissions for consultation closed on 3 May 2013. For more information regarding the proposed definition please take a look at our previous blog. Despite the later start date the Federal Government still proposes to introduce and pass the legislation in the final sitting session before the election, although we question whether this will occur with the limited number of sitting days available. The measure is estimated to have a small but unquantifiable cost to revenue over the estimates period.Continue Reading Impact of the Federal Budget on Australian Charities

ACNC

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 to regulation of the sector. It will apply initially to charities and in due course to the rest of the NFP sector.

The Legislation comprises two Bills: the Australian Charities and Not-For-Profits Commission Bill 2012 and the Australian Charities and Not-For-Profits Commission (Consequential and Transitional) Bill 2012 (ACNC Bills).Continue Reading ACNC Legislation passes through Parliament!

ACNC

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

ACNC

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 Charities and Not-For-Profits Commission Bills 2012”.

Subject to other recommendations in its report, the Committee recommended that the House of Representatives pass the Australian Charities and Not-For-Profits Bill 2012 (ACNC Bill) and the Australian Charities and Not-For-Profits Commission (Consequential and Transitional) Bill 2012.Continue Reading ACNC Bills: Inquiry Report issued

ACNC

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 2012.

The House Standing Committee on Economics has now invited interested persons and organisations to make submissions addressing the terms of reference by Friday, 20 July 2012.Continue Reading Draft Australian Charities and Not-For-Profits Commission Bill

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

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

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