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Federal Budget – ACNC to receive significant extra funding for field-based compliance review work

Deep in the 6 October 2020 Federal Budget papers is an announcement about significant extra funding for compliance review work by the ACNC over the next 3 years. Australian Charities and Not-for-profits Commission Review Program Payments The Government will provide $2.9 million over three years from 2020-21 [$0.5M in 20-21, and $1.2M in each of … Read more

ACNC extends regulatory relief for ACNC registered charities until 31 December 2020

The ACNC extends regulatory relief (previously announced)  for charities until the end of 2020. See: https://www.acnc.gov.au/raise-concern/regulating-charities/how-we-ensure-charities-meet-their-obligations/acnc-compliance This relief includes: Governance Standard 5 – A moratorium of ACNC regulatory action for insolvent trading and the removal of the previous condition attaching to this relief of informing members. The conditions attaching to this ACNC relief (emphasis added): The … Read more

Qld law changing to allow virtual witnessing of Wills and EPOAs

Last night, the Queensland parliament passed the COVID-19 Emergency Response Bill 2020 (Qld). I understand it is still awaiting assent. The Act is yet to appear on the Acts as Passed list. Section 25 should be noted which provides (emphasis added) – This Act expires on 31 December 2020. The purpose of this article is to note and welcome … Read more

COVID-19: Update for Charities following the special ACNC Advisor’s Forum (as of 27/03/2020)

Cash flow boost for charities – PAYG credit New charities registered with the ACNC after 12 March 2020 are still eligible. Consider other payments that may be reportable in your Activity Statement other than salary & wages – e.g. Directors fees, voluntary withholding payments to contractors. For more information click here.  ACNC COVID-19 landing page … Read more

Changes to Queensland State Tax Concessions for Charities

Changes to Queensland state tax concessions for charities All NFP Constitutions should be reviewed by October 2020 at the latest At the end of 2018 the Queensland Government amended the Taxation Administration Act 2001 (Qld) by the Revenue and Other Legislation Amendment Act 2018 (Qld). These amendments may have significant impact upon all charities and … Read more

All charities with any overseas activity need to consider the new External Conduct Standards (even if sending a small one time gift)

Preserving Charitable Assets within Charitable Purposes Following Andrew Lind’s recent papers in Melbourne, including at the Charity Law Association of Australia and New Zealand Conference on the External Conduct Standards, here are some headlines for all charities to consider:  1. The External Conduct Standards (ECSs) commenced on 23 July 2019. 2. The external conduct standards … Read more

The Effect of Cognitive Impairment on Testamentary Capacity A Look at Re Will of Barlow [2014] QSC 7

Will of Barlow By Courtney Linton & Andrew Lind Issue What is the effect of mild to moderate cognitive impairment on testamentary capacity? The Supreme Court of Queensland has considered the issue. The Facts On 4 March 2008 Mrs Barlow executed a Will, replacing an earlier Will dated 5 October 2006. In the 2006 Will, Mrs Barlow’s house … Read more

Cy Pres Application

Preserving Charitable Assets within Charitable Purposes Cy Pres (pronounced Sigh Pray) is not a phrase you hear often, and yet applications to the Court for a Cy Pres Order are increasingly common. Cy Pres is a phrase we have adopted from the French meaning, “as near as possible” to the original intention. (Don’t believe us? … Read more