Summary - Legislation to establish the
Australian Charities and Not-For-Profits Commission
(ACNC) has passed through both Houses of Federal
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).
The objects of the ACNC Bills are stated as:
to maintain, protect and enhance the public trust and
confidence in the NFP sector;
to support and sustain a robust, vibrant, independent and
innovative NFP sector; and
to promote the reduction of unnecessary regulatory obligations
on the NFP sector.
These objects will be pursued through:
the establishment of a national regulatory framework
specifically focused on NFP entities to reflect the unique goals,
structures and funding arrangements of NFPs;
the establishment of the ACNC Commissioner who will be
registration of entities according to type and subtypes;
administering the national regulatory framework; and
assisting registered entities to comply with and understand
their regulatory obligations.
Although registration with the ACNC is voluntary it will be a
necessary prerequisite for charities to access Commonwealth tax
concessions and other concessions, exemptions and benefits.
The starting date for the Commission is due to be announced
shortly, however, it is expected to commence some time in December
We are in the process of considering the ACNC Bills in more
detail and will provide further commentary shortly, however if you
would like any additional information please contact Bill
d'Apice (Partner) or Chris Curran (Senior Associate) or Anna
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