What if I Forget to Meet my Reporting Requirements as a Charity?
Registered charities in Australia must submit an Annual Information Statement to the ACNC, with potential penalties and revocation for non-compliance after two years.
Registered charities are, by law, required to submit an Annual Information Statement to the Australian Charities and Not-for-profits Commission outlining the charity’s operations and finances over a 12-month period. Certain charities, such as Aboriginal and Torres Strait Islander corporations, basic religious charities, and non-government schools may not be required to submit the Annual Information Statement at all.
If a charity fails to submit an Annual Information Statement on time and makes no effort to try and do so, the ACNC will publish a notice on the charity’s entry on the Charity Register that the reporting is overdue. Such a notice will appear on the Register if the charity fails to submit the required reporting for more than six months after the due date.
If the ACNC finds that the charity is deliberately not meeting its reporting obligations, the ACNC may issue penalty notices. After two years of failing to submit an Annual Information Statement, the ACNC may commence the process of revoking registration. These charities are known as ‘double defaulters.’ Charities become liable for penalties from the first day that their Annual Information Statement is overdue, and penalties increase based on the size of the charity and the length of time that the reporting is overdue.
If you require assistance in lodging your charity’s Annual Information Statement or would like to learn more about your rights and obligations as a charity, please contact Warlows Legal for a free consultation.
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