The Australian Charities and Not-for-profits Commission (ACNC) has made a decision to revoke the registration of the Balls 4 Life Foundation (ABN 20905119716) following an investigation into the organisation’s operations and activities.
The Foundation is a Discretionary Investment Trust and public ancillary fund which benefitted from deductible gift recipient status as well as tax concessions for GST, income tax and fringe benefit tax since it was established in 2010.
It had its charity status revoked by the ACNC on 5 February 2015 and this decision is effective from 3 December 2012, the date it was transferred from the Australian Taxation Office (ATO) to the ACNC.
The charity has 60 days to apply for an internal review of this decision.
ACNC Assistant Commissioner of Charity Services, David Locke, explained that the ACNC takes a proportional approach to compliance activity.
“The ACNC has a range of regulatory powers at its disposal,” Mr Locke said.
“This can include guidance and support, warnings, directions and enforceable undertakings. Where appropriate the ACNC can also revoke an organisation’s status as a registered charity.
“As an Assistant Commissioner of the ACNC I have made a decision to revoke Balls 4 Life Foundation registration as a charity under section 35-10(1)(a) and (c)(i) and (ii) of the ACNC Act,” Mr David Locke said.
Section 35-10 (1)(a) and (c)(i) and (ii) of the ACNC Act applies where:
- (1)(a) at any time after the date of effect of the registration, the entity is or was not entitled to registration
- (1)(c)(i) the registered entity has contravened a provision of this Act, or it is more likely than not that the registered entity will contravene a provision of this Act;
- (1)(c)(ii) the registered entity has not complied with a governance standard… or it is more likely than not that the registered entity will not comply with such a standard.
The ACNC has received over 1 000 complaints against charities since it was established over two years ago. Members of the public can lodge complaints and concerns by visiting acnc.gov.au/charityconcern.
“I encourage members of the public to always search the Charity Register, available at acnc.gov.au/findacharity, to ensure they are giving their time and money to legitimate registered charities.
“Ensuring registered charities are meeting their obligations is essential to maintaining and enhancing public trust and confidence in Australia’s charitable sector.
“Members of the public can rest assured that we will continue to revoke the status of those organisations which we believe are not operating in accordance with the ACNC Act and the ACNC governance standards."
For more information about the ACNC’s compliance activity, visit acnc.gov.au/compliancedecisions.
ACNC Media Contact: