29 January 2015
ACNC REVOKES CHARITY STATUS OF QLD CHARITY
The Australian Charities and Not-for-profits Commission (ACNC), the national charity regulator, has made a decision to revoke the charity status of a charity in Queensland.
The Foundation of Public Safety Professionals (ABN 65261806114) is an unincorporated entity which benefitted from deductible gift recipient status as well as tax concessions for GST, income tax and fringe benefit tax. It had its charity status revoked by the ACNC on 16 January 2015. The charity has 60 days to apply for an internal review of this decision.
“As the Assistant Commissioner and General Counsel of the ACNC I have made a decision to revoke Foundation of Public Safety Professionals’ registration as a charity under section 35-10 (1)(c) of the ACNC Act,” ACNC Assistant Commissioner Murray Baird said.
“This charity has existed since February 2007 but was transferred from the Australian Taxation Office (ATO) to the ACNC when the ACNC was established on 3 December 2012.
“It is our view that this organisation is no longer entitled to registration as a charity, and the revocation takes effect from 3 December 2012, the date of the establishment of the ACNC.”
Section 35-10 (1)(c) of the ACNC Act applies where a charity:
‘(i) … has contravened a provision of this Act, or it is more likely than not that [it]…will contravene a provision of this Act; or(ii)... [It] has not complied with a governance standard or external conduct standard, or it is more likely than not that ... [it] 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. It has a range of powers in its Act including the power to revoke a charity’s registration.
Details about the Foundation of Public Safety Professionals will remain on the ACNC Charity Register, available at acnc.gov.au/findacharity, but will be marked as ‘Revoked’ to alert members of the public that it is no longer a registered charity. The Foundation did not meet any of its reporting obligations to the ACNC.
“I encourage members of the public to always search the Charity Register to ensure they are giving their time and money to legitimate registered charities,” Mr Baird said.
“Members of the public and charitable sector 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, the Charity Register, and compliance activity, visit acnc.gov.au.
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