The Australian Charities and Not-for-profits Commission Bill 2012 and the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Bill 2012 were passed the House of Reps on Tue 18.9.2012, with 15 Government amendments and now move to the Senate.
The Bills seek to establish a new regulatory system for the not-for-profit (NFP) sector, including the new Australian Charities and Not-for-profits Commission (ACNC).
The amendments made to the Bills:
- add a Note to the objects clause of the ACNC Act;
- seek to extend the exemption for basic religious charities so that, where a basic religious charity is also engaged in running other funds that might have deductible gift recipient status and have an annual turnover of less than $250,000, those entities will not lose the value of that exemption under the basic religious charity exemption;
- ban gag clauses in Commonwealth contracts with the Not-For-Profit sector. NFPs and charities will not be prevented from commenting on government policy changes, as long as the comment or advocacy is lawful and furthers the purpose of the entity;
- make amendments concerning consultation on governance standards, and approved forms;
- seek to ensure that the ACNC Commissioner must accept specified reports lodged under the Schools Assistance Act 2008 as meeting the annual financial reporting obligations under the bill during the transitional period;
- would allow the Commissioner of Taxation to collect administrative penalties on behalf of the ACNC Commissioner;
- make other technical amendments.
[LTN 181, 19/9]
Proposed start date for the Australian Charities and Not-for-profits Commission’s 1 October 2012 start date to be delayed with the legislation
The Assistant Treasurer late on Fri 21.9.2012, announced that, because the Australian Charities and Not-for-profits Commission Bills are still before Parliament [and they won’t be debated in the Senate until after it resumes on 9 October 2012], the proposed 1 October 2012 commencement date for the new Australian Charities and Not-for-profits Commission (ACNC) will be delayed. He said the ACNC will commence shortly after the legislation passes Parliament.
[LTN 184, 21/9]