On 23 August, 2013, just prior to the federal election, Kevin Andrews, Opposition spokesman on Families, Housing and Human Services engaged in a National Press Club Forum with Doug Cameron (ALP) and Rachel Siewart (Greens).

Although Kevin Andrews, now Minister for Social Services, is not the new ACNC Minister, (that role falling to the new Assistant Treasurer Arthur Sinodinos), it is timely to review the Andrews' remarks from the forum as we anticipate how the Liberal Coalition Government will use ACNC.

Mr Andrews was promising:

  1. overall reduction in red tape
  2. reintroduction of community based partnerships where prominent Australians from business and community will work to advise government and encourage a culture of giving
  3. replacement of ACNC with a Centre for Excellence, a charitable, or not for profit entity itself
  4. that the Centre would not focus on compliance and regulation
  5. that the Centre would focus on innovation, education and best practice, advise government and undertake research
  6. that the ATO would be split to carry out its regulatory (or policing) function, separately from its other functions.

These remarks reflect earlier comments made by Mr Andrews which can be summarised as:

  1. 1 the return of regulatory control to the ATO and ASIC;
  2. 2 the retention of the ACNC register as a source of information;
  3. 3 the use of ACNC staff to offer education, training and information services to charities as well as members of the public.

While we wait for any changes which the new government will make, the ACNC Commissioner, Susan Pascoe, in a recent monthly update, spoke firmly to dispel any uncertainty as to whether or not the Commission was still functioning.

http://www.acnc.gov.au/ACNC/Pblctns/Media_centre/Com_Col/ACNC/Comms/Com_Col/CC_20130923.aspx

She reminded charities that 31 December 2013 is a critical date by which all registered charities must have their annual information statements lodged with the Commission unless their reporting period did not end on 30 June 2013. For charities operating with a 31 December end of year, the first annual information statement will not be required until 30 June 2014.

Another critical date for charities claiming the sole charitable purpose of the "advancement of religion" is 3 December 2013, by which date they should be registered with ACNC to retain existing tax concessions.

If ACNC remains as it has been set up, charities which operate as companies, would deal mostly with ACNC, but, would retain a relationship with ASIC, as explained below:

  1. for applications to incorporate, approach ASIC;
  2. for notifications of change to constitution, approach ACNC;
  3. for notification of change of responsible persons (members of the Board) approach ACNC;
  4. for notification of insolvency or wind up or external administration, approach ASIC.

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