Skip to content

I am looking to set up a charity – should I register with ACNC?

Firstly, let’s start with – what is the ACNC? The ACNC stands for the Australian Charities and Not-for-profits Commission. It is an independent regulator of charities in Australia.

So, why should you register and what do you need to know about registering?

What are the benefits of registering with ACNC?

When you register your charity with the ACNC, you can apply for:

  • charity tax concessions – charities need to register with ACNC before they can receive charity tax concessions from the ATO;
  • additional tax benefits if you are a public benevolent institution (PBI), health promotion charity (HPC)or charity for the advancement of religion; and
  • certain categories of deductible gift recipient (DGR) status.

The ACNC maintains a searchable public register of the registered charities, which means that your charity will have an online presence where the public can find out more information about your charity. You will also be able to put on your documents, such as letterheads, emails and website, the following wording: [your organisation name] is registered as a charity with the Australian Charities and Not-for-profits Commission ABN [#], demonstrating your registration with the ACNC.

Can any charity apply for registration?

To be able to apply for registration with the ACNC, your organisation must:

  • operate on a not-for-profit basis;
  • have a charitable purpose which is for the public benefit;
  • have an ABN;
  • meet the governance standards; and
  • not be an organisation which cannot be registered such as a political party or government entity.

If you are unsure as to whether your organisation has a charitable purpose, have a look at section 12 of the Charities Act. It currently sets out 12 charitable purposes which include:

  • advancing health;
  • advancing education;
  • advancing social or public welfare;
  • advancing religion;
  • advancing culture;
  • promoting reconciliation, mutual respect and tolerance between groups of individuals that are in Australia;
  • promoting or protecting human rights;
  • advancing the security or safety of Australia or the Australian public;
  • preventing or relieving the suffering of animals;
  • advancing the natural environment;
  • promoting or opposing a change to any matter established by law, policy or practice in the Commonwealth, a state, a territory or another country, (where that change furthers or opposes one or more of the purposes above); and
  • other similar purposes beneficial to the general public.

Are there any obligations after I register?

If you do choose to register your charity with the ACNC, once it is registered, remember that you charity is required to:

  • remain not-for-profit and pursue a charitable purpose;
  • notify ACNC of changes in the charity;
  • keep financial and operational records;
  • submit an Annual Information Statement, which is due within 6 months at the end of the reporting period;
  • regularly check the ACNC website for updates and ensure that you continue to comply with governance standards; and
  • comply with applicable laws and regulations.

Key Takeaways

At LegalVision we have helped a number of people set up charities and register with the ACNC. If you require any assistance in setting up your charity, read the ACNC checklist that will tell you what to do before setting up your charity.

If you need help registering your charity, our experienced charity lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.

Register for our free webinars

ACCC Merger Reforms: Key Takeaways for Executives and Legal Counsel

Online
Understand how the ACCC’s merger reforms impact your legal strategy. Register for our free webinar.
Register Now

Ask an Employment Lawyer: Contracts, Performance and Navigating Dismissals

Online
Ask an employment lawyer your contract, performance and dismissal questions in our free webinar. Register today.
Register Now

Stop Chasing Unpaid Invoices: Payment Terms That Actually Work

Online
Stop chasing late payments with stronger terms and protections. Register for our free webinar.
Register Now

Managing Psychosocial Risks: Employer and Legal Counsel Responsibilities

Online
Protect your business by managing workplace psychosocial risks. Register for our free webinar.
Register Now
See more webinars >
Priscilla Ng

Priscilla Ng

Read all articles by Priscilla

About LegalVision

LegalVision is an innovative commercial law firm that provides businesses with affordable, unlimited and ongoing legal assistance through our membership. We operate in Australia, the United Kingdom and New Zealand.

Learn more

We’re an award-winning law firm

  • Award

    2025 Future of Legal Services Innovation Finalist - Legal Innovation Awards

  • Award

    2025 Employer of Choice - Australasian Lawyer

  • Award

    2024 Law Company of the Year Finalist - The Lawyer Awards

  • Award

    2024 Law Firm of the Year Finalist - Modern Law Private Client Awards

  • Award

    2022 Law Firm of the Year - Australasian Law Awards