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Government Introduces Legislation to Repeal the ACNC

This morning the Coalition Government introduced a suite of legislation to repeal thousands of Acts, Bills and Regulations in an effort to “cut red tape”.

In line with the Government’s pre-election promise, the planned abolition of the ACNC has been tabled as part of the Australian Charities and Not-for-profits Commission (Repeal) (No. 1) Bill 2014 (the Bill). The Explanatory memorandum to the Bill states “the abolition of the ACNC is part of the broader Government red tape reduction and deregulation agendas.”

The proposed abolition of the ACNC is intended to occur through a two stage process; the initial Bill to repeal the ACNC has been introduced to Parliament but (if it is passed) will not take effect until a subsequent Bill regarding replacement arrangements is introduced in the winter sitting period.Continue Reading Government to Repeal the ACNC

AbolishmentThe Coalition Government has stated that it will seek to abolish the ACNC along with more than 8000 federal laws on 19 March as part of its plan to reduce red tape. This confirms the Government’s pre-election commitment to abolish the ACNC.

Although Minister Andrews has said that the ACNC would be replaced by a National Centre for Excellence “as a fount of both innovation and advocacy” there is still much uncertainty regarding the scope and operation of this Centre. Minister Kevin Andrews has suggested that an evaluation model based on the US Charity Navigator could replace the educative and registry functions of the ACNC. This model is best known for its comparative lists of charities such as 10 super-sized charities, 10 consistently low rated charities, 10 charities overpaying their fundraisers and so on. Much debate regarding the merits of a system which ranks charities has followed and without further clarity regarding the Centre’s objectives, purpose and scope to collect data such a proposal is difficult to assess.Continue Reading Abolition of the ACNC Takes Shape

ACNCACNC Deadline Approaching

Have you submitted your 2013 Annual Information Statement?

Regardless of size or purpose all charities registered with the ACNC must submit an Annual Information Statement to the Commissioner each year. The first AIS will need to be completed for the 2012-2013 financial year. If your charity has a financial year calendar (ending 30 June), its first Annual Information Statement (AIS) is due on 31 March 2014.


Continue Reading ACNC Annual Information Statement Deadline Approaching

Parliament HouseOn Thursday last week (the last sitting day before the Christmas break), the Senate adjourned debate on the Social Services and Other Legislation Amendment Bill 2013 (which included the amendment to delay the Charities Act) and ran out of time to return to the debate before rising for the holidays.

This means that the Charities Act which includes a definition of charity will commence on 1 January 2014 as planned. This is in contrast to last week when we expected that the commencement of the Charities Act was likely to be delayed. Usefully, David Locke, Assistant Commissioner at Australian Charities and Not-for-profits Commission (ACNC), has stated that the ACNC intends to put out guidance for the sector regarding the new definition.

Importantly, charities that are already recognised as having a charitable purpose prior to the commencement of the Act will continue to be recognised as charities in accordance with section 12(k) of the Charities Act.Continue Reading Charities Act to Commence on 1 January 2014

ACNCEarlier this week, the Minister for Social Services, Kevin Andrews reconfirmed his plans to abolish the Australian Charities and Not-for-profits Commission (ACNC). At the Disability Services CEO conference Minister Andrews stated “to benefit civil society as a whole, the Government has committed to abolishing the Australian Charities and Not-for-profits Commission, with repeal legislation to be introduced into Parliament next year”.

This statement is unsurprising as it reinforces the Coalition Government’s stance to abolish the ACNC.

On Wednesday 4 December, Minister Andrews introduced a late amendment to the Social Services and Other Legislation Amendment Bill 2013 to delay the commencement of the Charities Act 2013 until 1 September 2014. The Charities Act is currently due to commence on 1 January 2014. The Act provides a statutory definition of charity and was passed on the penultimate sitting day before Parliament rose before the election. For more information on the Charities Act please see our previous blog.Continue Reading Charities Act Delayed and ACNC to be Abolished

ACNCSome Good News From the ACNC!

The Australian Charities and Not-for-Profits Commission (ACNC) has just announced that the reporting deadline for the Annual Information Statement (AIS) due on 31 December 2013 for many charities has been extended to 31 March 2014.

Regardless of size or purpose all charities registered with the ACNC must submit an AIS to the Commissioner each year. The first AIS will need to be completed for the 2012-2013 financial year. However, in some circumstances, charities may not report in accordance with the financial year. If this is the case, the charity will need to apply to the ACNC for a ‘substituted accounting period’ by submitting Form 4A.Continue Reading ACNC Annual Information Statement – 2013 Deadline Extended

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 privacy principles will regulate the handling of personal information by businesses and Australian government agencies.Continue Reading Privacy Act Amendments to Regulate Businesses and Government Agencies

ACNCYesterday the Australian Charities and Not-For-Profits Commission (ACNC) launched the new charity portal.

The ACNC charity portal is an online service where you can:

  • access and update your charity’s details immediately on the ACNC Register
  • submit your Annual Information Statement onto the Register
  • print a copy of your charity’s registration certificate.

It is only available to registered charities and is password protected.


Continue Reading ACNC Charity Portal Goes Live

Completing formCharities 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 yesterday.Continue Reading Are you eligible to Bulk Lodge your Annual Information Statement with the ACNC?