Under the Australian
Charities and Not-for-Profits Commission Act 2012, certain
information must be published by the Commissioner on the ACNC
Register for the public to view. This information includes the
entity's name, ABN, sub-type, governing rules, details of
responsible entities, information statements, financial reports or
any other information the Commissioner is authorised to collect.
This is very broad and in some circumstances charities may wish to
apply for the information to be withheld from the ACNC Register.
The Commissioner may withhold information if it is commercially
sensitive or has the potential to cause detriment to the registered
charity or an individual. We recommend all charities registered
with the ACNC consider whether certain information should be
withheld from the ACNC Register.
The scope for withholding information from the ACNC Register was
widened by the Australian
Charities and Not-for-profits Commission Regulation 2013.
Amongst other things, the Regulation offered additional privacy
protections for Private Ancillary Funds (PAF)
registered as charities with the ACNC. Typically, these protections
were introduced in order to protect the identity of individual
philanthropists or donors and to prevent an unreasonable burden
being placed on PAFs whereby they might be inundated with donation
requests from other not-for-profit entities.
For these protections to apply, the PAF must apply to the
Commissioner in the approved form to prevent the publication of
certain information on the register where the publication of such
information may result in the identification of a donor's
details. Form AE is available through the Private
and Public Ancillary Fund Factsheet on the ACNC website. The
Commissioner will temporarily withhold information from the ACNC
Register until 5 November 2013 in order to allow
PAFs to submit their applications. After this date, the ACNC will
stop withholding information where there has been no application.
Information will be withheld while an application is being
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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