As of 1 December 2016, charities registered with the Australian Charities and Not-for-Profits Commission (“ACNC”) have had their administration burden cut in relation to fundraising in South Australia. Changes to the Collections for Charitable Purposes Act 1939 (SA) which regulates fundraising activities and requires charities collecting for charitable purposes to be licensed, now makes it easier for registered charities to meet their financial reporting obligations. Prior to the changes, registered charities were required to report to both the ACNC and to Consumer and Business Services. (“CBS”). Registered charities will now only need to report their annual financial information once – to the ACNC.
In terms of the requirement to have a licence for the purposes of fundraising in South Australia, when your organisation registers with the ACNC for the first time, you will be required to notify CBS of your organisation’s registration. Notifying CBS means that your organisation is automatically issued with a Collections for Charitable Purposes Licence. For charities that are already registered with the ACNC, there is an online notification form to advise CBS of your charity’s registration. These changes will enable a streamlined approach to your organisation’s reporting obligations.
The obligation to comply with the Charities Code of Practice remains in place and registered charities will be listed on the Consumer and Business Service’s public charity register.
Currently in South Australia a prescribed association, which is an association with gross receipts of $500,000 or more is required, pursuant to the Associations Incorporations Act, to lodge their financial statements with CBS. From 1 January 2017 prescribed associations, who elect to register (or continue to be registered) with ACNC will no longer be required to also lodge their financial statements with CBS.
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