This handbook is a collection of our writings which are sourced
from our periodic Not-for-profit Newsletter published over the
period May 2012 to June 2013 and concern the new charity and
Not-for-profit sector law introduced by the Gillard Government
being mainly the Commonwealth Australian Charities and
Not-for-profits Commission Act 2013 ("the ACNC Act") and
the opening of the Australian Charities and Not-for-profits
The legislators intended that the new ACNC Act would consolidate
laws enacted Australia wide which concern the establishment,
operation and termination of charities and not-for-profit
Under the new law a central body called the Australian Charities
and Not-for-profit Commission ('ACNC') was established to
regulate the Charity and Not-for-profit sector and provide a
central source for information concerning participants in the
sector. So far, only charities need to comply. The ACNC Act will
extend to other Not-for-profits some time in the future.
In our writings we have notified and informed our readers of the
proposed changes to the proposed law as they were developed.
Therefore we hope that this handbook will provide you with a useful
reference to the reasoning behind various provisions contained in
the ACNC Act and the sector's input during the development of
particular provisions in the ACNC Act.
Whilst you are currently grappling with the new reporting
requirements we will continue through our newsletters and reports
to supply you with useful information and tips which we hope will
assist you in ensuring your entity continues to satisfy the new
If you do not already receive our newsletter you can subscribe
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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We discuss whether certain clauses commonly found in ordinary commercial contracts could be considered to be penalties.
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