This submission briefly outlines the CCA response to the Exposure Draft Bills establishing the Australian Charities and Not-for-profit Commission (ACNC). This submission does not attempt to address every aspect of the proposed ACNC Bills but seeks to place the Bills within a broader context and address key issues from both the Bills and the Explanatory Materials.
Overview of key issues
Support for reform
CCA strongly supports the overall directions for CFAR reform of the Commonwealth Financial Framework as outlined in the CFAR Discussion Paper.
‘The financial Framework should support government operations to create public value. It should promote the efficient and effective achievement of outcomes and provide for high levels of transparency and accountability.’ (Chapter 4, Directions for reform pg. 19)
CCA supports the apparent policy intent of the draft legislation that is to ensure income tax exempt entities generally must be operated principally in Australia and for the broad benefit of the Australian community. Likewise, deductible gift recipients (DGRs) generally must be operated solely in Australia and for the broad benefit of the Australian community.
Informing principles for new fundraising regulation
1. NFP reform agenda
1.1 The ACNC must be enabled to operate independently and reduce the compliance burden on NFPs through more effective regulation and referral of information and powers from the many local, State and Federal bodies imposing regulatory burdens on NFPs.