Refer to the list on changes that may impact your organisation:
Transitional rules in place from 1 January 2024
Your request to the ATO for a public fund to be declared a developing country relief fund, will be treated as an application for endorsement as a DGR for the whole of your organisation under the new law.
Your request will be treated as having been made on 1 January 2024 and in the approved form.
We will process your request and contact you with any queries we have, prior to making our decision.
Public fund obligations
The transitional provisions do not treat your public fund as your gift fund under the new law.
You may need to make some changes to your public fund arrangements, so you comply with the new law. You may choose to replace your public fund with a gift fund or make changes to your public fund rules.
You will need to remove requirements that are not compatible with the new law, such as requiring receipts to be in the name of your organisation rather than in the name of the public fund.
You may also choose to change your public fund rules to remove requirements for a majority of responsible persons on the management committee of the public fund or replace your public fund with a gift fund that does not have this requirement.
If you do make changes to your governing document, you must comply with the terms of your governing document which specify how changes or amendments to your governing document are made.
If you are a registered charity, you continue to have additional obligations to the Australian Charities and Not-for-profits Commission (ACNC). You must notify the ACNC about changes to your governing document. Refer to ongoing obligations to the ACNCExternal Link.
Gift fund
You need to meet the gift fund requirements, you may either:
- use your existing public fund (which may require amendments to its rules, so it complies with the gift fund requirements)
- establish a separate gift fund.
If you establish a gift fund, it may either:
- be part of the governing document of your organisation
- have its own rules or constitution.
A separate ABN is not needed for the gift fund.
For more information about gift funds, refer to gift fund requirements.
Voluntary governing body
The new law does not require your organisation to have a voluntary governing body.
From 1 January 2024, your organisation may pay members of your governing body sitting fees or other payments (if allowable under your entity type and the state in which you are registered in).
If you are considering remuneration for your governing body, refer to information on the ACNC website on Remunerating Responsible PeopleExternal Link.
Notification of changes
From 1 January 2024, you are no longer required to notify the DFAT of changes to your organisation.
You must notify the ATO about some changes. Refer to changes to your organisation.
If you are a registered charity, you continue to have additional obligations to the ACNC. You must notify them about some changes. Refer to ongoing obligations to the ACNCExternal Link.