Charity registration – necessitous circumstances

To be registered as a charity, an organisation must have a charitable purpose or purposes. Charitable purpose has a legal definition, which is found in the Charities Act 2013 (Cth), and there are twelve different charitable purposes. In January 2024, the ACNC published the key factors it will consider in determining an organisation’s eligibility to …
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The Planning Act 2022 (ACT)

The Planning Act 2022 (ACT) (The Planning Act) came into effect on 20 June 2023, and will replace the Planning and Development Act 2007 (ACT). Provisions with respect to planning strategy, district strategy, technical specifications and transitions have commenced with the remaining provisions to commence in Quarter 4 of 2023. With a goal to deliver …
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New Charity disclosure requirements for related party transactions

Charities often work with other organisations and individuals to help achieve their charitable purposes. These relationships, while important, can give rise to actual, potential or perceived conflicts of interests and therefore must be managed appropriately, transparently and in the best interest of the charity. To help achieve this, the ACNC has introduced new obligations for …
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New year, new charity reporting obligations

Late last year, a number of amendments were made to charity regulations which impact on ACNC reporting obligations from this year. The changes relate to: The charity size thresholds have been amended, from the 2022 annual reporting period, as follows: Charity Size Defined now as: From 2022 Annual Information Statement reporting period, defined as: Small …
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Winding up a charity

Before a charity is wound up there are several compliance activities that must occur with the Australian Charities and Not-for-Profits Commission (ACNC), including lodging the most recent Annual Information Statement. Once this is done, charities are required to submit the relevant form requesting that the Commissioner revoke registration. If the request is approved, it takes …
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Electoral spending

Changes to the Electoral Act 1918 (Cth) now require charities that spend money to influence voters in a federal election to register and report expenditure to the Australian Electoral Commission (AEC). Depending on the level of expenditure, a charity may be subject to disclosure requirements as: a political campaigner; or a third party. Political campaigner …
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Charity Listing with the ACNC

Throughout the year we assist clients with their corporate governance and regulatory compliance. The Australian Charities and Not-for-profits Commission (ACNC) has imposed new obligations on charities, in some cases in addition to existing reporting obligations. We often find that charities are not up to date with their ACNC lodgements. If you work for a charity, …
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Strengthening For Purpose: ACNC 2018 Report Summary

STRENGTHENING FOR PURPOSE: AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION LEGISLATION REVIEW 2018 The Report following a review of the Australian Charities and Not-for-Profits Commission (ACNC) legislation was released on 22 August 2018 after much industry consultation. While the review is focused on the Act and operations of the ACNC, it makes a number of recommendations which …
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Charity reporting deadline approaching: common errors to avoid

Charities who report on a financial year (1 July – 30 June) are reminded that they are required to submit their Annual Information Statement and financial reports to the Australian Charities and Not-for-Profits Commission (ACNC) by 31 January 2018. The ACNC is encouraging charities to ensure their reports are lodged on time, and sooner rather …
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