ACNC has interpreted charities with an ARBN to be entities "registered" under the Corporations Act, 2001. This has particular significance for basic religious charities, many of whom have statutory body corporate entities registered under state legislation, but holding assets in other states, and therefore holding ARBNs.
A basic religious charity cannot include any entity "registered" under the Corporations Act, 2001 or under state based incorporated associations' legislation.
The consequence for the statutory body corporate basic religious charities with ARBNs is that they lose their eligibility for basic religious charity exemptions (ie no obligation to observe the governance rules nor to file financial reports).
Submissions have been put to the ACNC that the Commissioner has discretion to limit her interpretation of the exclusion, only to those entities "incorporated" under the Corporations Act, 2001, so that the securing of an ARBN by a statutory body corporate religious organisation will not inadvertently result in it being treated as an entity incorporated under the Corporations Act.
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.
