Charities not in contact with the ACNC
Charities that have returned mail to the ACNC
Unopened mail has been returned to the ACNC from a number of registered charities, which suggests that the postal address supplied to the ACNC is incorrect or the charities are not recognising mail from the ACNC. Most of these charities have had some contact with the ACNC but may have overlooked updating this information.
These charities are likely not receiving correspondence from the ACNC, which means they are likely to have outstanding Annual Information Statements. As such, they are at risk of incurring the associated penalties for failing to lodge.
All registered charities have an obligation to:
- Notify the ACNC of changes to contact details. These changes must be notified within 28 days for large and medium size charities and 60 days for small charities.
- Submit an Annual Information Statement every year. This statement is due within six months of the end of your reporting period and is submitted using the ACNC Charity Portal.
More information about charity obligations can be found on our website under Manage my charity.
Charities that fail to submit their Annual Information Statements and make no attempt to do so will have:
- a statement published that your Annual Information Statement is overdue on the Charity Register. This will appear as a 'red mark' on their entry on the Charity Register, if they have failed to submit for more than six months after the due date, and/or
- penalty notices issued if we find they are deliberately not meeting their obligation to report.
When a charity submits its Annual Information Statement, the ACNC Charity Register details will be updated, and the overdue statement will be removed.
If a charity does not submit an Annual Information Statement for two years, the ACNC will progress towards revoking the charity's registration. This will also result in the Australian Taxation Office removing entitlement to Commonwealth charity tax concessions.
Charities that have had their ACNC registrations revoked.
As part of the process described above, on 11 May 2016 149 charities had their ACNC registrations revoked. The notice of revocation is published here and the full list of charities is available below the notice.
Notice of revocation of registration of listed charities
Revocation effective 11 May 2016
This is a notice to inform all of the charities in the attached list of the revocation of their registration as a charity under s.35-10 of the Australian Charities and Not-for-profits Commission Act 2012 (the Act). The revocation is effective from 11 May 2016.
The grounds on which the Commissioner has revoked registration of these charities are set out below.
If any of the charities in the attached list are in fact operating and want to be registered, they should contact the ACNC as a matter of urgency to provide relevant information and documents. This needs to be done within 60 days from the date of this Notice if they wish to use a streamlined procedure to correct the Register in relation to the revocation of the charity. They can lodge a Notice of Objection to the revocation, though it is not necessary to do that in these circumstances as the streamlined process will be quicker.
The ACNC has been unable to locate or contact the listed charities despite multiple attempts to do so and has had no contact from the charities. Accordingly the Commissioner has decided to revoke the registration of the listed charities on the basis that they are no longer operating or appear not to exist, and so can have no charitable purpose as required by s.25- 5 of the Act.
The ACNC has made the following attempts to locate or contact the listed charities:
- Where the charity has had previous contact with the ACNC prior to the returned mail, attempts have been made to use alternate contact details to re-establish contact with the charity.
- The ACNC published a dynamic list of charities that were ‘missing’ on the ACNC website and requested they contact us; the listed charities have not done so.
- This list has been promoted via media releases, Commissioner’s Columns and social media channels. It was also reported in sector media and websites, as well as regional press.
- The ACNC promoted due dates and assistance materials in the Commissioner’s column.
- The ACNC published and distributed media releases to sector and mainstream media.
- The ACNC placed advertisements in sector media publications and websites. The advertising extended to Google search engine marketing.
- The ACNC used social media to provide information about the need to file annual reports on Twitter, Facebook, YouTube and LinkedIn.
The ACNC published a notice of intention to revoke the registration of these charities, on the ACNC website, on 12 April 2016. The notice gave the charities 28 days to bring their lodgement obligations up-to-date. However, these obligations were not met.
Given these circumstances, the Commissioner reasonably believes that the listed charities are not entitled to registration as a charity as they are no longer operating and therefore have no charitable purpose as required by s.25-5 of the Act. This is the ground for revocation of registration as a charity under s.35-10(1)(a) of the Act.
The Commissioner has taken into account all the matters listed in s.35-10(2) of the Act and has decided to revoke the listed charities.
Revocation of registration as a charity will have the effect of stopping any Commonwealth charity tax concessions to which the charity was previously entitled. The ACNC will notify the ATO of these revocations.
This notice of revocation is being published on the ACNC website as a means of providing written notice to each registered charity under s.35-10(4) of the Act. This process is being used because the ACNC does not have an effective address for service for the listed charities that can be used to provide written notice directly to the charity. In all the circumstances set out above, the Commissioner believes on reasonable grounds that this is the most appropriate and effective way to provide notice.
Attached to this Notice is the list of the charities that the Commissioner has revoked under s.35-10 of the Act, effective 11 May 2016.
Susan Pascoe AM
Date of Notice: 11 May 2016
Full list of charities that had their ACNC registrations revoked.
Download the list at the link below.