This guidance is an overview of laws and regulations affecting charities in Tasmania. For more detailed information about the laws and regulations in Tasmania, please consult the relevant regulatory agencies.
This guide covers the reporting and other obligations of incorporated associations that are registered charities, and explains when incorporated associations need to contact the ACNC or Consumer, Building and Occupational Services (CBOS). This page also has information about co-operatives and other legal structures, tax concessions, and other obligations that charities may have.
See our guidance about ongoing obligations to the ACNC for information about the requirements that all charities must meet to remain registered.
Some charities in Tasmania are incorporated under the Associations Incorporation Act 1964 (Tas). These are called 'incorporated associations' and usually have 'Inc.' or 'Incorporated' at the end of their name.
Incorporated associations have a number of responsibilities such as keeping appropriate financial records, following their rules and holding annual general meetings. These responsibilities are regulated in Tasmania by Consumer, Building and Occupational Services (CBOS).
Annual reporting obligations
Associations only need to report to the ACNC using the Annual Information Statement – they will not be required to submit a separate annual statement to CBOS.
Charities should provide their incorporated association number when submitting the Annual Information Statement.
As part of these changes, small associations are no longer required to have their financial statements reviewed or audited (unless this is required in the constitution). Small charities are not required to provide financial reports as part of the Annual Information Statement.
Medium and large associations must use accrual accounting when preparing their financial statements and ensure the financial statements meet all ACNC reporting requirements and comparative requirements will apply.
Visit the CBOS website for additional information about financial reporting and audit requirements for incorporated associations in Tasmania.
Other obligations
Associations must still notify CBOS of changes to the association’s name, details or rules.
When to contact the ACNC or CBOS
I want to: | ACNC | CBOS | Additional information |
---|---|---|---|
Incorporate an association | No | Yes | A charity must be approved as an incorporated association before applying to the ACNC. |
Register as a charity | Yes | No | |
Change a charity’s rules | Yes | Yes | Before a charity notifies the ACNC of a change to its rules, CBOS must approve the change. |
Change a charity’s name | Yes | Yes | Before a charity notifies the ACNC of a change to its name, CBOS must approve the change. |
Update a charity’s address or contact details | Yes | Yes | |
Update a charity’s Responsible People, including the secretary | Yes | Yes | |
Submit the Annual Information Statement and financial report | Yes | No | |
Revoke a charity registration | Yes | No | A charity must revoke its registration with the ACNC when it winds up. |
Ending an association | No | Yes | If an association is no longer running, it must notify CBOS. |
Co-operatives
A co-operative is a type of organisation that is owned, controlled and used by its members. There are different types of co-operatives.
Charities that are co-operatives are regulated by Consumer, Building and Occupational Services (CBOS).
To find out more, visit the CBOS website.
Other legal structures
Information about reporting and other obligations for charities set up with other legal structures is available on these pages:
State taxes
Charities that operate in Tasmania may also be eligible to receive concessions on some state taxes, including payroll tax, land tax and stamp duty from the State Revenue Office.
To find out more, visit the State Revenue Office website.
Local government
Some local government authorities may offer concessions to charities. For more information, contact the local government authority in the areas where the charity operates.
You can search a directory of local government authorities in Tasmania on the website of the Department of Premier and Cabinet.
Other general obligations
There are a number of other laws that affect the operation of charities in Tasmania covering areas such as employment, trading, occupational health and safety and anti-discrimination. For example, charities are obliged to meet obligations under the Work Health and Safety Act 2012 (Tas).
Some charities may have responsibilities that are specific to their area of work. For example, charities that provide aged care services may need to meet other obligations or hold accreditations as part of working in this field, and charities that employ teachers may require their staff to comply with the Teachers Registration Board of Tasmania's Code of Professional Ethics.
Other regulators
See our guidance about other regulators for information about state, territory and Commonwealth Government agencies that may affect registered charities.
Charities that fundraise
Fundraising in Tasmania is regulated by two government agencies:
- Consumer, Building and Occupational Services (CBOS) is responsible for registering and regulating organisations conducting fundraising activities.
- the Tasmanian Liquor and Gaming Commission is responsible for regulating any fundraising conducted through authorised gaming such as raffles.
See our guidance about fundraising in Tasmania for more information.