Register a public fund as its own entity

Under new legislation, it is the law that from 3 December 2012 institutions applying for entry on the Register of Harm Prevention Charities must also register their public fund with the Australian Charities and Not-for-profits Commission (ACNC) as its own entity.

To do this the institution must have model clauses in its constitutional document about registering the public fund as a charity and the institution must apply for an ABN for the public fund.

Both the institution and the public fund must:

  • Have their own ABN
  • Register as a charity with the ACNC
  • Apply for endorsement as a Tax Concession Charity

The institution must include in their constitutional document the following sentence at the end of model clause 6.1 of the Register’s Guidelines:

          The trustee [name of the harm prevention charity] intends that the public fund be established and maintained as a trust.

New institutions

Institutions applying for entry on the Register of Harm Prevention Charities are required to:

  • Include the additional sentence at the end of model clause 6.1 of the Register’s Guidelines.
  • Obtain an ABN for the public fund
  • Register the public fund as a charity with the ACNC

Existing institutions

Institutions entered on the Register of Harm Prevention Charities are required by 2 December 2013 to:

  • Amend their constitutional document to include the additional sentence at the end of model clause 6.1 of the Register’s Guidelines.
  • Obtain an ABN for the public fund
  • Register the public fund as a charity with the ACNC

For assistance relating to the Register call 1800 441 242 or email harmpreventioncharitesregister@dss.gov.au

Last updated: