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  • Proposed Charity Definition Rights Some Wrongs But is Delayed
    of categorising some charities as charities but a longer time period for its commencement The current law states that the relief of individuals after disasters is a charitable purpose but not the rebuilding of a community Fortunately the Exposure draft seeks to reform this area of the law so that community rebuilding after a disaster will be a charitable purpose The Exposure Draft does little to forestall corruption within charities any more than the current laws but it does prescribe a formula that will replace hundreds of years of case law as a new starting point for determining whether an entity is a charity and has charitable purposes The new charities definition was originally foreshadowed by Treasury to commence on 1 July 2013 but to make way for further discussion about the proposed provisions it has been delayed until 1 July 2014 Office 61 2 9889 2881 Mobile 61 405 124 975 Office 61 2 8215 1593 Mobile 61 405 124 975 Subscribe to our FREE Newsletter indicates required Email Address First Name Connect with Us Recent Posts New Charity Definition at Law Commences Operation Today Financial Report of Charities Clarified Private Ancillary Funds and Others Benefit from Privacy on

    Original URL path: http://www.kyliemaxwell.com.au/proposed-charity-definition-rights-some-wrongs-but-is-delayed/ (2014-01-05)
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  • “In Australia” Requirements Stalled
    for Not for Profit Concessions Bill 2012 the Bill was also introduced to the House however since August 2012 the Bill has not advanced to another stage The Bill was intended to restate the fact that the government wishes tax exemptions to be granted to charities that operate in Australia rather than overseas Key provisions of the Bill include proposed section 50 50 3 b which makes it a condition of an endorsement for exemption that the charity operate solely for the purpose for which it was established This would be disappointing as it may not allow boards to alter the purpose of the organisation even slightly even if under common law or the forthcoming promised new definition of charity the new purpose is still charitable at law or is an adjunct to the charitable purpose This may make organisational evolution problematic and emphasises the importance now more than ever of ensuring that an experienced charities lawyer drafts constituent documents when the charity is established at the outset Some of the provisions of the Bill appear to be doubling up on requirements that currently exist under regulation by the ACNC For example the Bill requires that charities that have the endorsement comply with the substantive requirements of their governing rules whilst the ACNC legislation is set to see regulations released concerning this very thing Nevertheless for as long as the Federal Opposition and the Australian Greens block the Bill charities can enjoy some flexibility where expenditure on overseas operations are concerned Office 61 2 9889 2881 Mobile 61 405 124 975 Office 61 2 8215 1593 Mobile 61 405 124 975 Subscribe to our FREE Newsletter indicates required Email Address First Name Connect with Us Recent Posts New Charity Definition at Law Commences Operation Today Financial Report of Charities Clarified

    Original URL path: http://www.kyliemaxwell.com.au/in-australia-requirements-stalled/ (2014-01-05)
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  • National approach to fundraising on hold
    Treasurer released a discussion paper and draft regulation impact statement discussion paper here suggesting reforms to fundraising laws to nationalise them instead of having them managed by the States and Territories however this project appears to be on hold pending the ACNC getting settled in its saddle Apart from revisiting the reason for regulation and addressing specifically modern issues such as the impact of the internet and electronic devices on charitable fundraising the paper gave charities and others an opportunity to comment on consumer protection laws and whether charities should be banned after engaging in certain fundraising conduct Since receiving 93 public http www treasury gov au ConsultationsandReviews Submissions 2012 Charitable Fundraising Regulation Reform Submissions and 3 private submissions the project does not appear to have edged forward Office 61 2 9889 2881 Mobile 61 405 124 975 Office 61 2 8215 1593 Mobile 61 405 124 975 Subscribe to our FREE Newsletter indicates required Email Address First Name Connect with Us Recent Posts New Charity Definition at Law Commences Operation Today Financial Report of Charities Clarified Private Ancillary Funds and Others Benefit from Privacy on ACNC Register Governance Standards Now Applicable to Charities Charities Commission Regulates the Charities Nonprofits

    Original URL path: http://www.kyliemaxwell.com.au/national-approach-to-fundraising-on-hold/ (2014-01-05)
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  • ACNC Commencement as a finale for 2012
    the Commercial Law Quarterly on the topic It may be useful to those seeking direction with the new laws as it highlights some of the surrounding parliamentary commentary that will be important in interpreting it The Commission sported a new website http www acnc gov au and Susan Pascoe AM immediately became the Commissioner Designate The ACNC register on the website is not quite working as foreshadowed as it currently redirects searchers to the Australian Business Register record listing a charity s ABN and endorsement details However it is expected that further details will be made available in time However the ACNC has immediately sought to conduct a survey survey here to confirm that the public endorses its regulatory intentions It has also made public its consultation paper on governance standards consultation paper here and its proposed financial reporting regulations proposed regulations here Comments are invited from the public on each of these on or before 15 February 2013 The Commission heralds in a new era of charity regulation Office 61 2 9889 2881 Mobile 61 405 124 975 Office 61 2 8215 1593 Mobile 61 405 124 975 Subscribe to our FREE Newsletter indicates required Email Address First Name

    Original URL path: http://www.kyliemaxwell.com.au/acnc-commencement-as-a-finale-for-2012/ (2014-01-05)
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  • Reform Agenda: Checklist of Remaining Charity and Nonprofit Reforms
    foreshadowed by the government include Companies limited by guarantee Fundraising laws Financial reporting the subject of the current draft regulations for discussion draft regulations here Governance also currently awaiting public comment discussion paper here In Australia requirements as discussed above A multitude of tax laws the subject of a discussion paper now closed since December for public comment Statutory definition of charity due to commence as law from July 2013 details of which are currently unknown and The introduction of a new unrelated business income tax UBIT For more information about Treasury s policy agenda and reasons that these laws may be reformed you can read about it in the following Treasury newsletters Issue 1 Treasury s Not for Profit Reform Newsletter 14 October 2011 Issue 2 Treasury s Not for Profit Reform Newsletter 21 November 2011 Issue 3 Treasury s Not for Profit Reform Newsletter 23 December 2011 Issue 4 Treasury s Not for Profit Reform Newsletter May 2012 Office 61 2 9889 2881 Mobile 61 405 124 975 Office 61 2 8215 1593 Mobile 61 405 124 975 Subscribe to our FREE Newsletter indicates required Email Address First Name Connect with Us Recent Posts New Charity Definition at

    Original URL path: http://www.kyliemaxwell.com.au/reform-agenda-checklist-of-remianing-charity-and-nonprofit-reforms/ (2014-01-05)
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  • New regulator for charities sector imminent
    statements as well as financial reports having to be provided to the ACNC for some from July next year Financial reports shall only be required to be lodged by those entities that are registered with the ACNC and fall into the medium or large entity categories Medium entities shall have to have such reports reviewed and large entities shall have to have such reports audited The Bill also allows the ACNC to require an additional report from a charity that is under the ACNC s scrutiny In an effort to carve out a special arrangement for religious bodies the ACNC Bill gives a basic religious charity the opportunity to avoid lodging an annual financial report However the definition of basic religious charity expressly excludes corporations registered under the Corporations Act 2001 and under some indigenous and Territory legislation as well as incorporated associations formed under any of the applicable State and Territory legislation The ACNC Bill specifies that information will be made available to the public via the internet for each charity registered with the ACNC which will include among other things information and financial statements warnings issued by the Commissioner of the ACNC directions issued by the Commissioner undertakings given by the registered charity injunctions or interim injunctions made under Division 95 and suspensions or removals from the charities register Practitioners will have to keep in mind the details of section 40 10 of the ACNC Bill That section details the circumstances in which the Commissioner may withhold or remove from the public register the abovementioned information Those circumstances include where the information is commercially sensitive and has the potential to cause detriment to the registered charity or to an individual to which the information relates where the information is inaccurate likely to cause confusion or mislead the public

    Original URL path: http://www.kyliemaxwell.com.au/new-regulator-for-charities-sector-imminent/ (2014-01-05)
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  • “In Australia” requirements still before House of Reps
    Australia requirements still before House of Reps While the Bills introducing the sector s regulator are in the Senate the Tax Laws Amendment Special Conditions for Not for profit Concessions Bill 2012 is still with the House of Representatives It is the intention of this Bill to re state Treasury s intention to give income tax exemption endorsements to only those nonprofits who operate principally in Australia and for the broad benefit of the Australian community If this Bill is given safe passage through the houses of parliament it will cause deductible gift recipients except for overseas aid funds and certain environmental organisations to have to operate solely in Australia and to pursue their purposes solely in Australia Office 61 2 9889 2881 Mobile 61 405 124 975 Office 61 2 8215 1593 Mobile 61 405 124 975 Subscribe to our FREE Newsletter indicates required Email Address First Name Connect with Us Recent Posts New Charity Definition at Law Commences Operation Today Financial Report of Charities Clarified Private Ancillary Funds and Others Benefit from Privacy on ACNC Register Governance Standards Now Applicable to Charities Charities Commission Regulates the Charities Nonprofits Sector Contact Kylie Maxwell Solicitor Level 3 50 York Street

    Original URL path: http://www.kyliemaxwell.com.au/in-australia-requirements-still-before-house-of-reps/ (2014-01-05)
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  • Charitable Trusts: For Private or Public Purpose?
    funds would still entitle the charitable trust to an endorsement of the trust by the Australian Taxation Office as an income tax exempt entity It is clear from the decision of the High Court that the following principles should be applied when managing a charitable trust Trustees should familiarise themselves with the terms of the trust and especially the objects clause which specifies the charitable purposes to which the trust funds must only be applied Trustees should not mix trust banking with personal banking or another person s personal banking as trustees have a duty to keep property comprising the trust fund distinct from their own property and the property of others and of other trusts and entities Trustees who are unsure about the proper use of trust funds in accordance with the terms of the trust deed of the charitable trust statute and the Court should apply to the Supreme Court to seek an opinion advice or direction on any question regarding the management or administration of trust funds and the lawful interpretation of the terms of the trust deed This can be done under section 63 of the Trustee Act in New South Wales Trustees who have erred in regards to the abovementioned principles should remember that section 85 of the Trustee Act in New South Wales may cause the Supreme Court to excuse them from such behaviour but should not conduct their affairs in reliance on this possible defence Another observation can be made of the situation in this case which relates to the structuring of the charitable trust in question Mr Mrs Bargwanna were trustees of the charitable trust and the principal donor to the trust was Mrs Bargwanna s father In circumstances like this where the trustees and donors are related the responsibility to meet

    Original URL path: http://www.kyliemaxwell.com.au/charitable-trusts-for-private-or-public-purpose/ (2014-01-05)
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