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    to avoid lodging an annual financial report ii However the definition of basic religious charity expressly excludes corporations registered under the Corporations Act 2001 and under some indigenous and Territory legislation iii 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 iv 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 where the information is likely to offend a reasonable individual if the information would endanger public safety or the regulations provide a reason why it should be withheld or removed The Commissioner of the ACNC will if the ACNC Bill is passed have powers to issue warning notices issue directions enter into enforceable undertakings apply to the courts for injunctions suspend or remove responsible entities and appoint acting responsible entities If you wish to discuss where the government is taking us with the reform process do not hesitate to contact Kylie Maxwell on her mobile phone 61 405 124 975 or by email i Section 60 75 of the ACNC Bill ii Section 60 60 of the ACNC Bill iii Corporations Aboriginal Torres Strait Islander Act 2006 and Companies Act 1985 of Norfolk Island iv Section 40 5 of the ACNC Bill Filed Under Charities Nonprofits Tagged With charities commission nonprofits not for profits regulation 1 Comment admin August 20 2012 Does Your Charity Need a Deductible Gift Recipient Endorsement Many nonprofits wish that they could improve their fundraising efforts to finance projects to help communities but they are not sure who to turn to in order to get the endorsement as a deductible gift recipient DGR that they seek Should they talk to their accountant The Australian Taxation Office ATO Wait for the Australian Charities Not For Profits Commission ACNC to commence Fill out the ATO s forms themselves The answer to all those questions can be yes but there is a reason why you would choose a lawyer to do the job and it s a simple reason because if the ATO or the ACNC says no to your application a lawyer is going to be able to challenge that decision for you based on reasons given by the lawyer to you as

    Original URL path: http://www.kyliemaxwell.com.au/author/admin/page/2/ (2014-01-05)
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  • Charities & Nonprofits
    20 2012 Does Your Charity Need a Deductible Gift Recipient Endorsement Many nonprofits wish that they could improve their fundraising efforts to finance projects to help communities but they are not sure who to turn to in order to get the endorsement as a deductible gift recipient DGR that they seek Should they talk to their accountant The Australian Taxation Office ATO Wait for the Australian Charities Not For Profits Commission ACNC to commence Fill out the ATO s forms themselves The answer to all those questions can be yes but there is a reason why you would choose a lawyer to do the job and it s a simple reason because if the ATO or the ACNC says no to your application a lawyer is going to be able to challenge that decision for you based on reasons given by the lawyer to you as to why your nonprofit would be entitled to the endorsement in the first place Why face the frustration that you could endure by applying to the ATO for the nonprofit yourself only to have the application rejected Go to the experts with a history of making successful applications for these endorsements and focus on your fundraising faster instead of a rejection Kylie has the necessary experience for both applying for your nonprofit s DGR endorsement and challenging incorrect decisions by the ATO With the future of these applications an uncertainty as the ACNC commencement date draws near you should place your trust in someone who has followed the nonprofit reform process of Treasury from its inception Kylie Maxwell Solicitor offers not only this service to your nonprofit but also a range of other Sydney legal services including property law advice dispute resolution services and endorsements for income tax exemption Kylie Maxwell Solicitor is able to help you with all of your nonprofit issues so call now on 61 405 124 975 or send Kylie an email Or if you are not ready to speak to Kylie now then sign up for a free newsletter on this page to the right or below Filed Under Charities Nonprofits Tagged With charities deductible gift recipient DGR legal advice nonprofits Leave a Comment admin August 14 2012 Payroll Tax Changes Lead to Employment Reshuffles Changes to payroll tax law in New South Wales will require Chief Financial Officers and Human Resources people at nonprofits to work together to accurately assess payroll tax liabilities and potential unrelated business income tax liabilities for the nonprofit Stephen O Flynn of Moore Stephens in his article at accurately summarises the changes to payroll tax laws from 1 July 2012 that affect the characterisation of exempt wages under the new section 48 of the Payroll Tax Act 2007 But what does this actually mean for nonprofits when they are assessing their liability for payroll tax And what does this new law suggest about how nonprofits should be reacting right now even though the Federal Parliament has not yet introduced legislation to make its

    Original URL path: http://www.kyliemaxwell.com.au/category/charities-and-nonprofits/page/2/ (2014-01-05)
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  • Bills
    9 2012 ACNC A New Era of Charities and Nonprofits Regulation Charities and nonprofits have been reeling with the news parliament s announcement of a new regulator the Australian Charities Not for profits Commission ACNC which is due to commence as soon as legislation has been given Royal Assent We blogged on this topic in September when the Bills introducing the ACNC and the new form of regulation had just been considered by parliamentary committees However some changes to the Bills occurred in the Senate This is the subject of our video on the ACNC which you will see below Filed Under Charities Nonprofits Tagged With ACNC Bills charities legislation nonprofits not for profits regulation regulator Senate 1 Comment 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

    Original URL path: http://www.kyliemaxwell.com.au/tag/bills/ (2014-01-05)
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  • legislation
    9 2012 ACNC A New Era of Charities and Nonprofits Regulation Charities and nonprofits have been reeling with the news parliament s announcement of a new regulator the Australian Charities Not for profits Commission ACNC which is due to commence as soon as legislation has been given Royal Assent We blogged on this topic in September when the Bills introducing the ACNC and the new form of regulation had just been considered by parliamentary committees However some changes to the Bills occurred in the Senate This is the subject of our video on the ACNC which you will see below Filed Under Charities Nonprofits Tagged With ACNC Bills charities legislation nonprofits not for profits regulation regulator Senate 1 Comment 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

    Original URL path: http://www.kyliemaxwell.com.au/tag/legislation/ (2014-01-05)
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  • regulation
    The Bills suggest a new reporting framework for charities on a three tiered structure with annual information 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 i 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 ii However the definition of basic religious charity expressly excludes corporations registered under the Corporations Act 2001 and under some indigenous and Territory legislation iii 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 iv 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

    Original URL path: http://www.kyliemaxwell.com.au/tag/regulation/ (2014-01-05)
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  • Senate
    9 2012 ACNC A New Era of Charities and Nonprofits Regulation Charities and nonprofits have been reeling with the news parliament s announcement of a new regulator the Australian Charities Not for profits Commission ACNC which is due to commence as soon as legislation has been given Royal Assent We blogged on this topic in September when the Bills introducing the ACNC and the new form of regulation had just been considered by parliamentary committees However some changes to the Bills occurred in the Senate This is the subject of our video on the ACNC which you will see below Filed Under Charities Nonprofits Tagged With ACNC Bills charities legislation nonprofits not for profits regulation regulator Senate 1 Comment 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

    Original URL path: http://www.kyliemaxwell.com.au/tag/senate/ (2014-01-05)
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  • charities
    under the Corporations Act 2001 and under some indigenous and Territory legislation iii 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 iv 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 where the information is likely to offend a reasonable individual if the information would endanger public safety or the regulations provide a reason why it should be withheld or removed The Commissioner of the ACNC will if the ACNC Bill is passed have powers to issue warning notices issue directions enter into enforceable undertakings apply to the courts for injunctions suspend or remove responsible entities and appoint acting responsible entities If you wish to discuss where the government is taking us with the reform process do not hesitate to contact Kylie Maxwell on her mobile phone 61 405 124 975 or by email i Section 60 75 of the ACNC Bill ii Section 60 60 of the ACNC Bill iii Corporations Aboriginal Torres Strait Islander Act 2006 and Companies Act 1985 of Norfolk Island iv Section 40 5 of the ACNC Bill Filed Under Charities Nonprofits Tagged With charities commission nonprofits not for profits regulation 1 Comment admin August 20 2012 Does Your Charity Need a Deductible Gift Recipient Endorsement Many nonprofits wish that they could improve their fundraising efforts to finance projects to help communities but they are not sure who to turn to in order to get the endorsement as a deductible gift recipient DGR that they seek Should they talk to their accountant The Australian Taxation Office ATO Wait for the Australian Charities Not For Profits Commission ACNC to commence Fill out the ATO s forms themselves The answer to all those questions can be yes but there is a reason why you would choose a lawyer to do the job and it s a simple reason because if the ATO or the ACNC says no to your application a lawyer is going to be able to challenge that decision for you based on reasons given by the lawyer to you as to why your nonprofit would be entitled to the endorsement in the first place Why face the frustration that

    Original URL path: http://www.kyliemaxwell.com.au/tag/charities/page/2/ (2014-01-05)
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  • Student’s Complaint Not Racial Discrimination
    the student s examination results was due to his racially discriminating conduct against the student The reason that he failed an oral and written exam was also due to this discrimination and The lecturer s statement that he should speak English during a private consultation with the lecturer also reflected this discrimination The Tribunal found that the seven month delay was not due to discrimination but due to poor administrative practices of the lecturer The Tribunal pointed to the fact that the lecturer had exercised his discretion to allow the student to sit the exam had given him a pass mark and there was no other evidence to support a finding of racial discrimination The Tribunal found that the reasons for the failure of the student to pass his oral and written exams was the poor performance of the student not discrimination The lecturer gave evidence that he placed great importance on pharmacy students speaking clear English as it was important to the practice of pharmacy in the future for each student The lecturer said that he was frustrated that he could not understand the student as he used incorrect terminology such as referring to atopical dermatitis instead of atopic dermatitis The Tribunal said that this was therefore not less favourable treatment by the lecturer of the student The case highlights the need for quality legal advice as to the prospects of a discrimination claim before it goes as far as the Tribunal If you have a concern about discriminatory conduct of an organisation and or person you should contact Kylie Maxwell on her mobile phone 61 405 124 975 or send her an email Filed Under Commercial Litigation Tagged With discrimination english race racial student Leave a Comment Speak Your Mind Cancel reply Name Email Website Office 61 2

    Original URL path: http://www.kyliemaxwell.com.au/2012/11/08/students-complaint-not-racial-discrimination/ (2014-01-05)
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