By Lachlan Clark, Law Graduate

Mills Oakley recently provided a submission to the Australian Charities and Not-for-profits Commission (ACNC) in relation to its review of the Commissioner’s Interpretation Statement (CIS) on Public Benevolent Institutions (PBIs). The CIS provides guidance on the ACNC’s view on the meaning and scope of the charity subtype of PBI.

The submission emphasised the following points:

• The CIS should further clarify the meaning of “incidental” and “ancillary”, as well as discussing when a religious activity can be incidental or ancillary.
• The CIS should discuss whether a PBI can undertake commercial activities to generate funds.
• The CIS should provide more thorough guidance for organisations that are operating overseas regarding the types of policies or procedures that these organisations must implement so as to be compliant.

We look forward to the changes that the ACNC may make to the CIS and the additional guidance that the review will provide. You can view the submission in full here.

Please get in contact with Vera Visevic on +61 2 8289 5812 or [email protected] to discuss your experience and insights regarding charitable status or further guidance for ACNC registration.