Spreading Love. Giving Hope. Changing Lives.
Spreading Love. Giving Hope. Changing Lives.
The name of the organisation is AGAPE GLOBAL INC which is an incorporated association registered on 1st November 2024 in the state of New South Wales, Australia with registration number INC2401185.
The purpose of the Association is exclusively charitable and aims to advance the well-being of individuals in need by, without limitation:
Providing for the relief of poverty, homelessness, financial hardship, sickness, disability, distress, or other helplessness caused by wars or natural disasters in Australia and overseas. Our mission is to provide practical aid to those in need, addressing the impact of these challenges with compassion and purpose.
Raising funds and supporting initiatives that align with and promote these charitable purposes, ensuring effective governance and accountability in both Australian and international activities.
Developing partnerships with local, national, and international stakeholders to enhance the delivery of aid and resources to individuals and communities in need.
Empowering workers, volunteers, and organizations—including religious and community groups—to provide compassionate, direct support to vulnerable individuals and disadvantaged communities. These efforts address critical challenges such as poverty, homelessness, illness, disability, and other hardships, with a commitment to integrity and care.
The Association’s assets and income shall be used exclusively to advance its stated objectives. No part of these funds shall be distributed to its members, either directly or indirectly, except as legitimate compensation for services provided or expenses incurred in support of the Association’s activities.
In this constitution:
ACNC means the Australian Charities and Not-for-profits Commission.
ACNC Act means the Australian Charities and Not-for-profits Commission Act 2012 (Cth).
committee member means an office-bearer or ordinary committee member.
exercise a function includes perform a duty.
function includes a power, authority or duty.
non-profit means no member of the Association receives monetary compensation or any other financial benefit, except as outlined in clause 1.3.
office-bearer means a committee member who is elected to an office referred to in clause 14(1)(a)(i)– (iv) and any other appointed officers of the Association.
ordinary committee member means a committee member who is not an office-bearer.
register of members means the register of members maintained under clause 4.
Responsible person refers to an individual tasked with overseeing the governance of a charity. Typically, this includes members of the charity’s board, committee, or trustees, such as insolvency trustees or administrators.
Secretary, of the Association, means:
(i) the person holding office under this constitution as Secretary, or
(ii) if no person holds that office – the public officer of the Association.
special general meeting, of the Association, means a general meeting of the Association other than an annual general meeting.
subcommittee means a subcommittee established under clause 20.
the Act means the Associations Incorporation Act 2009.
the Regulation means the Associations Incorporation Regulation 2022.
the Association means AGAPE GLOBAL INC.
An individual is taken to be a member of the Association if:
the person applied to be a member under clause 3(1) and the application has been approved, or
the person was one of the individuals on whose behalf an application for registration of the Association was made under the Act, section 6(1)(a), or
the person was:
for an unincorporated body registered as the association – a member of the body immediately before the registration, or
for a registrable corporation registered as the association – a member of the corporation immediately before the registration, or
for an association that was amalgamated to form the relevant association – a member of the existing association immediately before the amalgamation.
An incorporated body including association, co-operative, or company—any entity that is not an individual—is eligible for membership in this Association.
A person under the age of 18 (minor) can be a member of this Association. However, the Associations Incorporation Act 2009 (the Act) does not permit a person who is under the age of 18 years to be a committee member. Additionally, a minor who is a member of this Association is not entitled to any voting rights.
An application by a person to be a member of the Association must be:
made in writing, and
in the form determined by the committee, and
lodged with the Secretary.
The committee may determine that an application may be made or lodged by email or other electronic means.
The Secretary must refer an application to the committee as soon as practicable after receiving the application.
The committee must approve or reject the application.
As soon as practicable after the committee has decided the application, the Secretary must:
give the applicant written notice of the decision, including by email or other electronic means if determined by the committee, and
if the application is approved – inform the applicant that the applicant is required to pay the entrance fee and annual subscription fee payable under clause 5 within 28 days of the day the applicant received the notice.
The Secretary must enter the applicant’s name in the register of members as soon as practicable after the applicant pays the entrance fee and annual subscription fee in accordance with sub clause (5)(b).
The applicant becomes a member once the applicant’s name is entered in the register.
The Secretary must establish and maintain a register of members of the Association.
The register:
may be in written or electronic form, and
must include, for each member:
the member’s full name, and
a residential, postal or email address, and
the date on which the person became a member, and
if the person ceases to be a member – the date on which the person ceased to be a member, and
must be kept in New South Wales:
at the Association’s main premises, or
if the Association has no premises – at the Association’s official address, and
must be available for inspection, free of charge, by members at a reasonable time, and
if kept in electronic form -must be able to be converted to hard copy.
If the register is kept in electronic form, the requirements in sub clause (2)(c) and (d) apply as if a reference to the register is a reference to a current hard copy of the register.
A member may obtain a hard copy of the register, or a part of the register, on payment of a fee of not more than $1, as determined by the committee, for each page copied.
Information about a member, other than the member’s name, must not be made available for inspection if the member requests that the information not be made available.
A member must not use information about a member obtained from the register to contact or send material to the member, unless:
the information is used to send the member:
a newsletter, or
a notice for a meeting or other event relating to the Association, or
other material relating to the Association, or
it is necessary to comply with a requirement of the Act or the Regulation.
The entrance fee for new members is:
$1, or
another amount set by the committee.
Members must pay an annual subscription fee of $2, or another amount set by the committee.
Payment timing – If joining on or after the first day of the Association’s financial year:
(i) Pay annually before the first day of the financial year.
(ii) Otherwise – Pay before the first day of each financial year.
A member’s liability to contribute to the debts, obligations, or winding-up expenses of the Association is strictly limited. This liability extends only to any unpaid amounts related to their membership, as outlined in clause 5.
A person may make a complaint to the committee that a member of the Association has:
failed to comply with a provision of this constitution, or
wilfully acted in a way prejudicial to the interests of the Association.
The committee may refuse to deal with a complaint if the committee considers the complaint is trivial or vexatious.
If the committee decides to deal with the complaint, the committee must:
serve notice of the complaint on the member, and
give the member at least 14 days from the day the notice is served on the member within which to make submissions to the committee about the complaint, and
consider any submissions made by the member.
The committee may, by resolution, expel the member from the Association or suspend the member’s membership if, after considering the complaint, the committee is satisfied that:
the facts alleged in the complaint have been proved, and
the expulsion or suspension is warranted.
If the committee expels or suspends the member, the Secretary must, within 7 days of that action being taken, give the member written notice of:
the action taken, and
the reasons given by the committee for taking the action, and
the member’s right of appeal under clause 8.
The expulsion or suspension does not take effect until the later of the following:
the day the period within which the member is entitled to exercise the member’s right of appeal expires, or
if the member exercises the member’s right of appeal within the period – the day the Association confirms the resolution under clause 8.
A member may appeal against a resolution of the committee under clause 7 by lodging a notice of appeal with the Secretary within 7 days of being served notice of the resolution.
The member may include, with the notice of appeal, a statement of the grounds on which the member intends to rely for the purposes of the appeal.
The Secretary must notify the committee that the Secretary has received a notice of appeal.
If notified that a notice has been received, the committee must call a general meeting of the Association to be held within 28 days of the day the notice was received.
At the general meeting:
no business other than the question of the appeal is to be transacted, and
the member must be given an opportunity to state the member’s case orally or in writing, or both, and
the committee must be given the opportunity to state the committee’s case orally or in writing, or both, and
the members present must vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
The appeal is to be determined by a simple majority of votes cast by the members.
The following disputes must be referred to a Community Justice Centre within the meaning of the Community Justice Centres Act 1983 for mediation:
a dispute between 2 or more members of the Association, but only if the dispute is between the members in their capacity as members, or
a dispute between 1 or more members and the Association.
If the dispute is not resolved by mediation within 3 months of being referred to the Community Justice Centre, the dispute must be referred to arbitration.
The Commercial Arbitration Act 2010 applies to a dispute referred to arbitration.
Alternative Dispute Resolution (ADR) may be used. If a dispute arises and cannot be resolved within the Association by clauses (1) (2) & (3) above, the disputing parties may mutually agree to appoint a minister of religion from a faith of their choice to act as an impartial arbiter. The appointed minister shall mediate the disagreement and render a binding ruling, which the parties agree to abide by in good faith.
A right, privilege or obligation that a person has because the person is a member of the Association:
cannot be transferred to another person, and
terminates once the person ceases to be a member of the Association.
A member of the Association may resign from being a member by giving the Secretary written notice of at least 1 month, or another period determined by the committee, of the member’s intention to resign.
The member ceases to be a member on the expiration of the notice period.
A person ceases to be a member of the Association if the person:
dies, or
resigns from being a member, or
is expelled from the Association, or
fails to pay the annual subscription fee payable under clause 5(2) within 3 months of the due date.
Subject to the Act, the Regulation, this constitution and any resolution passed by the Association in general meeting, the committee:
controls and manages the affairs of the Association, and
performs all functions of the Association, except those specifically reserved for general meetings, and takes necessary actions for effective management of the Association.
has power to perform all such acts and do all such things as appear to the Committee to be necessary or desirable for the proper management of the affairs of the Association.
The committee shall have 4 members, as elected in accordance with clause 15, consisting of:
the following office-bearers:
the Director,
the Secretary,
the Treasurer, and
the Public Officer
An office-bearer may hold up to two positions, except for serving as both the Director and Secretary simultaneously.
Any member of the Association may be nominated as a candidate for election as an office-bearer or ordinary committee member.
The nomination must be:
made in writing, and
signed by at least 2 members of the Association, not including the candidate, and
accompanied by the written consent of the candidate to the nomination, and
given to the Secretary at least 7 days before the date fixed for the annual general meeting at which the election is to take place.
If insufficient nominations are received to fill all vacancies:
the candidates nominated are taken to be elected, and
a call for further nominations must be made at the meeting.
A nomination made at the meeting in response to a call for further nominations must be made in the way directed by the member presiding at the meeting.
Vacancies that remain after a call for further nominations are taken to be casual vacancies.
If the number of nominations received is equal to the number of vacancies to be filled, the members nominated are taken to be elected.
If the number of nominations received is more than the number of vacancies to be filled, a ballot must be held at the meeting in the way directed by the committee.
Subject to this constitution, a committee member holds office for a term of 5 years from the day the member is elected.
A member is eligible, if otherwise qualified, for re-election at the end of their 5-year term.
There is no limit on the number of consecutive terms for which a committee member may hold office.
A committee member may resign by submitting written notice to the Secretary. The resignation will take effect on the date specified in the notice, provided it is not earlier than the date the notice is delivered to the Association. If no specific date is mentioned, the resignation will take effect upon receipt of the written notice.
A casual vacancy in the office of a committee member arises if the member:
dies, or
ceases to be a member of the Association, or
resigns from office by written notice given to the Secretary, or
is removed from office by the Association under this clause, or
is absent from 3 consecutive meetings of the committee without the consent of the committee, or
becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth, or
is prohibited from being a director of a company under the Corporations Act 2001 of the Commonwealth, Part 2D.6, or
is convicted of an offense involving fraud or dishonesty for which the maximum penalty is imprisonment for at least 3 months, or
becomes a mentally incapacitated person.
The Association in general meeting may, by resolution:
remove a committee member from office at any time, and
appoint another member of the Association to hold office for the balance of the committee member’s term of office.
A committee member to whom a proposed resolution referred to in sub clause (2) relates may:
give a written statement, of a reasonable length, to the Director or Secretary, and
request that the committee send a copy of the statement to each member of the Association at least 7 days before the general meeting at which the proposed resolution will be considered.
If the committee fails to send a copy of a statement received under sub clause (3)(a) to each member in accordance with a request made under sub clause (3)(b), the statement must be read aloud by the member presiding at the general meeting at which the proposed resolution will be considered.
The committee may appoint a member of the Association to fill a casual vacancy other than a vacancy arising from the removal from office of a committee member.
Subject to this constitution, a member appointed to fill a casual vacancy holds office until the next annual general meeting.
As soon as practicable after being elected as Secretary, the Secretary must lodge a notice with the Association specifying the Secretary’s address.
The Secretary must keep minutes of:
all elections of committee members, and
the names of committee members present at a meeting of the committee or a general meeting, and
all proceedings at committee meetings and general meetings.
The minutes must be:
kept in written or electronic form, and
for minutes of proceedings at a meeting -signed, in writing or by electronic means, by:
the member who presided at the meeting, or
the member presiding at the subsequent meeting.
The Treasurer of the Association must ensure—
all money owed to the Association is collected, and
all payments authorized by the Association are made, and
accurate records of the Association’s finances, including comprehensive details of all receipts and expenditures related to its activities.
The committee may:
establish 1 or more subcommittees to assist the committee to exercise the committee’s functions, and
appoint 1 or more members of the Association to be the members of the subcommittee.
The committee may delegate to the subcommittee the exercise of the committee’s functions specified in the instrument, other than:
this power of delegation, or
a duty imposed on the committee by the Act or another law.
The committee must meet at least 3 times in each 12-month period at the place and time determined by the committee.
Additional meetings of the committee may be called by any committee member.
The procedure for calling and conducting business at a meeting of a subcommittee is to be as determined by the subcommittee.
The Secretary must give each committee member oral or written notice of a meeting of the committee at least 48 hours, or another period on which the committee members unanimously agree, before the time the meeting is due to commence.
The notice must describe the general nature of the business to be transacted at the meeting.
The only business that may be transacted at the meeting is:
the business described in the notice, and
business that the committee members present at the meeting unanimously agree is urgent business.
The quorum for a meeting of the committee is 3 committee members.
No business may be transacted by the committee unless a quorum is present.
If a quorum is not present within half an hour of the time the meeting commences, the meeting is adjourned:
to the same place, and
to the same time of the same day in the following week.
If a quorum is not present within half an hour of the time the adjourned meeting commences, the meeting is dissolved.
If the number of committee members is less than the number required to constitute a quorum for a committee meeting, the committee members may appoint 1 or more members of the Association as committee members to enable the quorum to be constituted.
A committee member appointed under sub clause (5) holds office, subject to this constitution, until the next annual general meeting.
This clause does not apply to the filling of a casual vacancy to which clause 17 applies.
The following committee member presides at a meeting of the committee:
the Director,
if the Director is absent – the Secretary,
if both the Director and Secretary are absent – 1 of the members present at the meeting, as elected by the other members.
The member presiding at the meeting has:
a deliberative vote, and
in the event of an equality of votes – a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the committee or a subcommittee at which a quorum is present is the decision of the committee or subcommittee.
Subject to clause 23(1), the committee may act despite there being a casual vacancy in the office of a committee member.
An act done by a committee or subcommittee is not invalidated because of a defect relating to the qualifications or appointment of a member of the committee or subcommittee.
The committee may transact its business by the circulation of papers, including by electronic means, among all committee members.
If the committee transacts business by the circulation of papers, a written resolution, approved in writing by a majority of committee members, is taken to be a decision of the committee made at a meeting of the committee.
The committee may transact its business at a meeting at which 1 or more committee members participate by telephone or other electronic means, provided a member who speaks on a matter can be heard by the other members.
The member presiding at the meeting and each other member have the same voting rights as they would have at an ordinary meeting of the committee for the purposes of:
the approval of a resolution under sub clause (2), or
a meeting held in accordance with sub clause (3).
A resolution approved under sub clause (2) must be recorded in the minutes of the meetings of the committee.
The Association must hold the Association’s first annual general meeting within 18 months of the day the Association was registered under the Act.
The Association must hold subsequent annual general meetings within:
6 months of the last day of the Association’s financial year, or
the later period allowed or prescribed in accordance with the Act, section 37(2)(b).
Subject to the Act and sub clauses (1) and (2), the annual general meeting is to be held at the place and time determined by the committee.
The business that may be transacted at an annual general meeting includes the following:
confirming the minutes of the previous annual general meeting and any special general meetings held since the previous annual general meeting,
receiving reports from the committee on the Association’s activities during the previous financial year,
electing office-bearers and ordinary committee members,
receiving and considering financial statements or reports required to be submitted to members of the Association under the Act.
The committee may call a special general meeting whenever the committee thinks fit.
The committee must call a special general meeting if the committee receives a request made by at least 5% of the total number of members.
The request:
must be in writing, and
must state the purpose of the meeting, and
must be signed by the members making the request, and
may consist of more than 1 document in a similar form signed by 1 or more members, and
must be lodged with the Secretary, and
may be in electronic form and signed and lodged by electronic means.
If the committee fails to call a special general meeting within 1 month of the request being lodged, 1 or more of the members who made the request may call a special general meeting to be held within 3 months of the date the request was lodged.
A special general meeting held under sub clause (4) must be conducted, as far as practicable, in the same way as a general meeting called by the committee.
The Secretary must give each member notice of a general meeting:
if a matter to be determined at the meeting requires a special resolution – at least 21 days before the meeting, or
otherwise – at least 14 days before the meeting.
The notice must specify:
the place and time at which the meeting will be held, and
the nature of the business to be transacted at the meeting, and
if a matter to be determined at the meeting requires a special resolution – that a special resolution will be proposed, and
for an annual general meeting – that the meeting to be held is an annual general meeting.
The only business that may be transacted at the meeting is:
the business specified in the notice, and
for an annual general meeting – business referred to in clause 28(4).
A member may give written notice to the Secretary of business the member wishes to raise at a general meeting.
If the Secretary receives a notice under sub clause (4), the Secretary must specify the nature of the business in the next notice calling a general meeting.
The quorum for a general meeting is 5 members of the Association entitled to vote under this constitution.
No business may be transacted at a general meeting unless a quorum is present.
If a quorum is not present within half an hour of the time the meeting commences, the meeting:
if called on the request of members – is dissolved, or
otherwise – is adjourned:
to the same time of the same day in the following week, and
to the same place, unless another place is specified by the member presiding at the meeting at the time of the adjournment or in a written notice given to members at least 1 day before the adjourned meeting.
If a quorum is not present within half an hour of the time an adjourned meeting commences, but there are at least 3 members present, the members present constitute a quorum.
The member presiding at a general meeting may, with the consent of the majority of the members present, adjourn the meeting to another time and place.
The only business that may be transacted at the adjourned meeting is the business remaining from the meeting at which the adjournment took place.
If a meeting is adjourned for at least 14 days, the Secretary must give each member oral or written notice, at least 1 day before the adjourned meeting, of:
the time and place at which the adjourned meeting will be held, and
the nature of the business to be transacted at the adjourned meeting.
The following member presides at a general meeting:
the Director,
if the Director is absent – the Secretary,
if both the Director and Secretary are absent – 1 of the members present at the meeting, as elected by the other members.
The member presiding at the meeting has:
a deliberative vote, and
in the event of an equality of votes – a second or casting vote.
A member is not entitled to vote at a general meeting unless the member:
is at least 18 years of age, and
has paid all money owed by the member to the Association.
Each member has 1 vote, except as provided by clause 33(2)(b).
A question raised at the meeting must be decided by:
a show of hands, or
if clause 36 applies – an appropriate method as determined by the committee, or
a written ballot, but only if:
the member presiding at the meeting moves that the question be decided by ballot, or
at least 5 members agree the question should be determined by ballot.
If a question is decided using a method referred to in sub clause (3)(a) or (b), either of the following is sufficient evidence that a resolution has been carried, whether unanimously or by a majority, or lost, using the method:
a declaration by the member presiding at the meeting,
an entry in the Association’s minute book.
A written ballot must be conducted in accordance with the directions of the member presiding.
A member cannot cast a vote by proxy so cannot authorize someone else to vote on their behalf.
The Association may hold a postal, electronic or combined ballot, as determined by the committee, to decide any matter other than an appeal under clause 8.
The ballot must be conducted in accordance with Schedule 2 of the Regulation.
The Association may transact its business by the circulation of papers, including by electronic means, among all members of the Association.
If the Association transacts business by the circulation of papers, a written resolution, approved in writing by a majority of members, is taken to be a decision of the Association made at a general meeting.
The Association may transact its business at a general meeting at which 1 or more members participate by telephone or other electronic means, provided a member who speaks on a matter can be heard by the other members.
The member presiding at the meeting and each other member have the same voting rights as they would have at an ordinary meeting of the Association for the purposes of:
the approval of a resolution under sub clause (2), or
a meeting held in accordance with sub clause (3).
A resolution approved under sub clause (2) must be recorded in the minutes of the meetings of the Association.
(1) An application for registration of a change in the Association’s name, missions or constitution made under the Act, section 10 must be made by:
(a) the public officer, or
(b) a committee member.
(2) Amending this constitution
(a) The Association shall not pass a special resolution to amend the constitution if such an amendment would result in the Association ceasing to qualify as a charity.
(b) Any resolution seeking to amend or repeal the constitution in a manner that causes the Association to cease being a charity shall be deemed invalid and without effect.
Subject to a resolution passed by the Association, the Association’s funds may be derived from the following sources only:
the entrance fees and annual subscription fees payable by members,
donations,
other sources as determined by the committee.
Subject to a resolution passed by the Association, the Association’s funds and assets must be used to pursue the Association’s missions in the way that the committee determines.
As soon as practicable after receiving money, the Association must:
deposit the money, without deduction, to the credit of the Association’s authorised deposit-taking institution account, and
issue a receipt for the amount of money received to the person from whom the money was received.
A cheque or other negotiable instrument must be signed by 2 authorised signatories.
This Constitution does not prohibit the committee members from receiving payments made in good faith under the following conditions:
(a) as compensation for services provided or goods supplied in the ordinary course of business to the Association;
(b) as interest on loans, provided the interest rate does not exceed standard bank overdraft rates; or
(c) as reasonable and appropriate rent for premises leased to the Association by the committee member(s), solely for the purpose of fulfilling the organization’s charitable mission.
The Association may take out and maintain insurance as appropriate for the Association’s assets and liabilities.
(1) Subject to the Act and the Regulation, the Association must not conduct the Association’s affairs in a way that provides a pecuniary gain for a member of the Association.
(2) The income and assets of the Association shall be exclusively utilized to advance the objectives outlined in clause 1.2.
For the purposes of this constitution, a notice may be given to or served on a person:
by delivering the notice to the person personally, or
by sending the notice by pre-paid post to the address of the person, or
by sending the notice by electronic transmission to an address specified by the person for giving or serving the notice.
A notice is taken to have been given to or served on a person, unless the contrary is proved:
for a notice given or served personally – on the date on which the notice is received by the person, or
for a notice sent by pre-paid post – on the date on which the notice would have been delivered in the ordinary course of post, or
for a notice sent by electronic transmission:
on the date the notice was sent, or
if the machine from which the transmission was sent produces a report indicating the notice was sent on a later date—on the later date.
Except as otherwise provided by this constitution, all records, books and other documents relating to the Association must be kept in New South Wales:
at the Association’s main premises, in the custody of either of the following persons, as determined by the committee:
the Treasurer,
a member of the Association, or
if the Association has no premises – at the Association’s official address, in the custody of the Treasurer.
The following documents must be available for inspection, free of charge, by members of the Association at a reasonable time:
this constitution,
minutes of committee meetings and general meetings of the Association,
records, books and other documents relating to the Association.
A member may inspect a document referred to in sub clause (1):
in hard copy, or
in electronic form, if available.
A member may obtain a hard copy of a document referred to in sub clause (1) on payment of a fee of not more than $1, as determined by the committee, for each page copied.
The committee may refuse to allow a member to inspect or obtain a copy of a document under this clause:
that relates to confidential, personal, commercial, employment or legal matters, or
if the committee considers it would be prejudicial to the interests of the Association for the member to do so.
The Association’s financial year is:
The period commencing on the date of incorporation of the Association and ending on the following 30 June, and each period of 12 months after the expiration of the previous financial year, commencing on 1 July and ending on the following 30 June.
If the Association is dissolved, any remaining assets or property, after settling all debts and liabilities, shall not be distributed to current or former members of the Association. Instead, these assets shall be transferred to one or more organizations with similar objectives to the Association, which also prohibit the distribution of income or property among their members. The specific organization(s) will be decided by the Association’s members at or before the time of dissolution. If no decision is made, the matter will be referred to the Supreme Court of the state or territory in which the Association’s registered address is.
(1) Application of this Rule
This rule applies exclusively if the Association is recognized as a deductible gift recipient (DGR) under item 4.1.1 of the table in section 30-45 of the ITAA 1997.
(a) The Association must establish and maintain a Gift Account for its primary purpose, which must:
(i) Record and track all Gifts and Deductible Contributions dedicated to its objectives, excluding those for the Relief Fund;
(ii) Document any funds received by the Association arising from these Gifts and Deductible Contributions; and
(iii) Ensure that no other money or property is recorded within this account.
(b) Receipts issued for Gifts or Deductible Contributions must clearly include the following details:
(i) Association’s name and ABN;
(ii) The date and amount (or value, if property) of the Gift or Deductible Contribution;
(iii) the donor’s or contributor’s name;
(iv) A statement confirming the nature of the transaction as a Gift or Deductible Contribution. For Deductible Contributions, this should also include information about the relevant fundraising event and the GST-inclusive market value of any goods or services received.
(3) Winding up or revocation of DGR endorsement
(a) Upon:
(i) the winding up of the Association; or
(ii) the Association ceasing to be endorsed as a DGR under the ITAA97,
whichever is earlier, any surplus funds in the Gift Account must be transferred to an entity:
(iii) which is charitable at law; and
(iv) gifts to which are deductible under the ITAA 97 on the basis that it is characterised as a registered public benevolent institution as described in item 4.1.1 of the table in section 30-45.
(b) The identity of the entity referred to in rule 46.3(a) must be decided by the directors, or if the directors do not wish to decide or do not decide, it must be decided by the Association members by ordinary resolution at or before the time of winding up of the Association and, if the Association members do not decide, by the Supreme Court of the state or territory in which the Association’s registered address is.
(1) Application of this Rule
This rule applies only if the Association is endorsed as a deductible gift recipient (DGR) for the operation of a developing country relief fund under item 9.1.1 of section 30-80 of the ITAA 1997. It is applicable solely to the extent required by relevant laws, regulations, guidelines, or administrative practices of the Australian Taxation Office (ATO) or any other relevant regulator.
(a) The Association must establish and maintain a public fund, known as the Agape Global Relief Fund or another approved name as determined by the Committee members and, if required, approved by the Commissioner (Relief Fund). The purpose of this fund is to provide relief to individuals in developing countries as declared by the Government. The fund must:
(i) Identify and record Gifts and Deductible Contributions for this purpose;
(ii) Record any money received by the Association as a result of these Gifts and Deductible Contributions; and
(iii) Does not include any other money or property.
(b) The company must actively invite public contributions to support its purpose.
(c) Receipts issued for Gifts or Deductible Contributions to the Relief Fund must include:
(i) The Association’s name and ABN (Australian Business Number).
(ii) The name of the Relief Fund.
(iii) The date and amount (or value, if property) of the Gift or Deductible Contribution.
(iv) The donor’s or contributor’s name.
(v) A statement indicating it was a Gift or Deductible Contribution and, if applicable, the relevant fundraising event, including the GST-inclusive market value of the event, goods, or services purchased.
(d) The Association must notify the Commissioner as soon as practicable of:
(i) Any changes to the Association’s purpose or constitution.
(ii) Any changes to the Association’s name.
(3) Relief Fund Administration
(a) The Relief Fund must be managed by the Association’s Director. If required by law, and if the majority of members are not individuals who hold a degree of responsibility to the broader community (Responsible Persons), the Director must delegate the administration of the Relief Fund to the Committee. This Committee must consist of at least three members, with the majority being Responsible Persons.
(b) If the requirement in clause 47.3(a) is mandated by law and is not met, the board or committee must refrain from exercising any discretion or power related to the Relief Fund’s administration until the requirement is fulfilled, except in cases of urgency or to safeguard the Relief Fund.
(4) Winding up or revocation of DGR endorsement
(a) If either:
(i) The Association is wound up, or
(ii) the Association ceases to be endorsed as a deductible gift recipient for the Relief Fund under item 9.1.1 of section 30-80 of the ITAA 1997, whichever occurs first, any surplus funds in the Relief Fund must be transferred to an entity that:
(iii) is charitable at law, and
(iv) is eligible to receive tax-deductible gifts under Div 30 of the ITAA 1997.
(b) The recipient entity referred to in clause 46.3(a) for surplus funds must be determined:
(i) By the committee members, or
(ii) By a special general meeting of members before the Association is wound up if the committee members choose not to decide or fail to do so; or
(iii) By the Supreme Court of the state or territory in which the Association is registered, if neither the committee members nor the Association members will decide.
The Director is the presiding member of the Association. The Director governs the Association with the committee, subcommittee and all responsible persons.
The Association strives to adhere to the following foundational principles in all its actions and decisions, guided by the values of compassion, integrity, transparency, and accountability:
(a) Respect for life: Upholding and protecting the sanctity of life at all stages, ensuring that every person has the opportunity to live with safety, health, and well-being.
(b) Respect for human dignity: Recognizing the inherent worth and value of every individual, regardless of their background, abilities, or circumstances, and treating them with fairness, kindness, and respect in all aspects of life.
(c) Respect for the poor and vulnerable: Prioritizing and addressing the needs of those who are marginalized, disadvantaged, or struggling, ensuring they have access to resources, opportunities, and support to improve their quality of life.
(d) Promotion of solidarity: Fostering a sense of unity, mutual support and collaboration among individuals and communities, often to address shared challenges & responsibility for the well-being of all.
(e) Advocacy for social justice and equality: Advocating for fairness, equality, and the protection of fundamental rights, ensuring that societal structures and systems treat all individuals with equity and dignity.
(f) Advancement to the common good: Working towards the betterment of society as a whole, where the well-being of each person is interconnected with the well-being of others, promoting inclusivity, shared responsibility, and sustainable development for all.
The goals of the Association are to:
(1) Alleviate poverty and homelessness by providing essential resources and services to those in need.
(2) Enhance the well-being of disadvantaged and vulnerable individuals through compassion-driven programs and initiatives.
(3) Establish sustainable and impactful facilities that support long-term humanitarian efforts.
(4) Secure adequate funding to ensure the continuity and expansion of projects and programs.
(5) Strengthen collaborations with local, national, and international partners to maximize the reach and impact of aid efforts.
(6) Support religious organizations and workers in their mission to deliver direct and effective aid to underserved communities.
The objectives of the Association are to:
(1) Develop comprehensive care programs addressing the immediate and long-term needs of individuals facing distress, disability, or suffering.
(2) Plan and execute targeted projects aimed at supporting homeless populations with shelter and essential provisions.
(3) Establish operational facilities equipped with the necessary tools and personnel to execute charitable initiatives effectively.
(4) Launch fundraising campaigns, government grant applications and philanthropic support to maintain and expand financial resources for approved programs.
(5) Foster partnerships with like-minded organizations to share resources, knowledge, and expertise for greater impact.
(6) Provide training, resources, and encouragement to staff, volunteers, and religious organizations, ensuring alignment with ethical values and professional standards to enable them to serve disadvantaged communities effectively.
(7) Regularly evaluate programs and report on strategic decisions, resource allocation, and financial performance to ensure alignment with the mission and effective governance.
The Association will maintain policies, procedures and practices that comply with the requirements for registration with the ACNC as they apply from time to time, which:
(a) lay solid foundations for management and oversights;
(b) structure the Committee to add value;
(c) promote ethical and responsible decision making;
(d) safeguard integrity in financial reporting;
(e) recognise and manage risk;
(f) protect and safeguard vulnerable people; and
(g) remunerate staff fairly and responsibly.
(1) Compliance with ACNC Governance Standards
The Association shall comply with the ACNC Governance Standards as required under the Australian Charities and Not-for-profits Commission Act 2012 to maintain its registration as a charity.
(2) Maintenance of Charity Registration and Tax Concessions
The Association shall ensure adherence to the ACNC Governance Standards to retain its tax concessions and avoid any legal or regulatory penalties.
(3) Consequences of Non-Compliance
Failure to comply with the ACNC Governance Standards may result in the Association’s removal from the Charity Register, loss of tax benefits, or prosecution for offences under the law.
(4) Disqualification of Committee Members
The ACNC has the authority to disqualify individuals from serving on the Association’s Board and may list such individuals as disqualified persons. Board members must act in compliance with all relevant governance standards to avoid disqualification.
(5) Personal Liability and Civil Penalties
Breaches of certain provisions under the ACNC Governance Standards may result in personal liability for responsible individuals, who may be subject to civil penalties as determined by law.
(6) Annual Review of Governance Compliance
The Risk Management and Audit Subcommittee shall conduct an annual review to ensure that the Association complies with the ACNC Governance Standards. This review must be documented and presented to the Committee for oversight and action.
(7) The ACNC Governance Standards are:
Standard 1: Purposes and not-for-profit nature of a registered entity
(a) Charities must be not-for-profit and work towards their charitable purpose. They must be able to demonstrate this and provide information about their purpose to the public.
Standard 2: Accountability to members
(b) Charities that have members must take reasonable steps to be accountable to their
members and provide their members adequate opportunity to raise concerns about how the charity is governed.
Standard 3: Compliance with Australian laws
(c) Charities must not commit a serious offence (such as fraud) under any Australian law or breach a law that may result in a penalty of 60 penalty units (currently $10,800) or more.
Standard 4: Suitability of responsible persons
(d) Charities must check that their responsible persons are not disqualified from managing a corporation under the Corporations Act or disqualified from being a responsible person of a registered charity by the ACNC Commissioner. Charities must take reasonable steps to remove any responsible person who does not meet these requirements.
Standard 5: Duties of responsible persons
(e) Charities must take reasonable steps to make sure that responsible persons understand and carry out the duties set out in this standard.
Standard 6: Maintaining and enhancing public trust and confidence in the Australian not-for-profits sector
(f) A charity must take reasonable steps to become a participating non-government institution if the charity is, or is likely to be, identified as being involved in the abuse of a person either:
(i) In an application for redress made under the National Redress scheme for
Institutional Child Sexual Abuse Act 2018 (Cth); or
(ii) In information given in responses to a request from the National Redress Scheme Operator.
(8) Duties of Responsible Persons
As outlined in Standard 5 committee members and all responsible persons shall:
(a) Act with reasonable care and diligence;
(b) Ensure that financial affairs are managed responsibly;
(c) Act honestly in the best interests of the charity and for its purpose;
(d) Not misuse their position or information;
(e) Disclose any actual or perceived conflict of interest; and
(f) Not allow a charity to operate while insolvent.
(9) Guidance for Compliance: The Association shall refer to the ACNC’s Guide to the ACNC Act at http://www.acnc.gov.au/ACNC/Publications/GuidePdf/PDf_GuideV1.aspx. This guide provides essential information to assist responsible persons meet their obligations.
(10) Adoption of Good Governance Practices The Association shall follow the principles outlined in the Australian Institute of Company Directors’ publication, Good Governance Principles and Guidance for NFP Organisations. This resource is available at http://www.companydirectors.com.au/Director-Resource-Centre/Not-for-profit/Good-Governance-Principles-and-Guidance-for-NFP-Organisations It provides guidance on achieving effective high standards of governance and accountability.
(11) Compliance with ACNC External Conduct Standards
The Association shall comply with the ACNC External Conduct Standards in all activities and resource management outside Australia. It will ensure compliance to maintain registration with the ACNC. This includes adhering to the following requirements:
(i) Proper management of overseas activities and resources.
(ii) Annual review and record-keeping of overseas operations.
(iii) Anti-fraud and anti-corruption measures.
(iv) Protection and safeguarding of vulnerable individuals.
(1) According to the Constitution, any Committee member with a material personal interest in a matter must neither vote on the issue nor be present during its discussion. This restriction applies unless the remaining Committee members, in the absence of the concerned member, determine that the interest is not significant enough to disqualify their participation.
(2) A Committee member who holds a material personal interest in a matter related to the Association’s affairs is required to formally notify the other Committee members of this interest.
(3) All conflicts of interest must be recorded in a designated conflicts register, which should be reviewed periodically by the Committee to ensure proper governance.
(4) If a conflict of interest arises during a meeting, the affected Committee member must immediately declare the conflict, and it must be addressed before proceeding with the discussion or decision-making.
(5) Committee members have an ongoing responsibility to disclose any new or potential conflicts of interest as they arise.
(6) Failure to disclose a material personal interest may result in disciplinary action, including removal from the Committee, as determined by the Committee or governing body.
(1) The Committee is committed to a framework of continuous review and evaluation to ensure its effectiveness and growth. The evaluation process and criteria will be periodically defined by the Committee and will, at a minimum, include the following:
(a) A comprehensive self-assessment of the Committee as a collective body.
(b) Individual reflections by Committee members on their personal contributions, including an honest appraisal of strengths and areas for improvement. This process aims to identify opportunities for development, both at an individual level and for the Committee as a whole, enhancing its capacity to contribute effectively.
(c) An external assessment of the Committee’s policies, procedures, and overall effectiveness, conducted by independent professional consultants. These assessments will occur at least once every three years to provide objective insights and recommendations.
(1) Before accepting their appointment, Committee members must receive comprehensive information about the Association. Following their appointment, they are required to complete an induction course tailored to help them effectively fulfil their responsibilities.
(2) Committee members should have access to ongoing education related to the Association, including its operations, the industry it serves, and any other knowledge essential for carrying out their duties effectively.
(3) Committee members must obtain prior approval from the Director before seeking independent legal or professional advice at the Association’s expense. Any advice funded by the Association must be shared with all Committee members to ensure transparency and collective benefit.
(1) Integrity and Professionalism
All Committee members and officers of the Association must act with integrity, professionalism, and objectivity. Their actions must align with the Association’s values, enhancing its reputation and performance, and serving the best interests of its members, staff, clients, and stakeholders.
(2) Support for the Association’s Mission
Members and officers are required to support the Association’s charitable missions and adhere to its code of conduct at all times.
(3) Conflict of Interest
Members and officers must avoid conflicts of interest, whether actual, perceived, or potential. Any conflicts must be disclosed immediately, and appropriate steps taken to ensure that personal interests do not interfere with decision-making or compromise integrity.
(4) Transparency and Honesty
Members and officers must uphold transparency and honesty in all dealings, fostering trust and confidence both within and outside the organisation.
(5) Responsible Use of Resources
All resources of the Association, including funds, time, and assets, must be used strictly to advance the Association’s objectives. Any misuse of resources for personal gain or non-charitable purposes is prohibited.
(6) Inclusion and Respect
Members and officers must create an inclusive, respectful, and collaborative environment. This includes treating all individuals fairly, making unbiased decisions, promoting open communication, and fostering mutual respect.
(7) Confidentiality
Members and officers must maintain confidentiality when handling sensitive information. They are responsible for safeguarding data and respecting the privacy of all stakeholders.
(8) Representation and Leadership
Representatives of the Association must act as ambassadors of its mission, demonstrating accountability, responsibility, and ethical leadership. They are expected to champion the Association’s goals, support its charitable work, and model behavior that reflects the organisation’s values.
(1) The Director holds responsibility for the Association’s strategic direction, including identifying key material risks. Together with the executive management team, the Director will regularly assess the significant risks impacting each business segment and develop strategies to mitigate them effectively.
(2) The Association shall consider establishing a Risk Management and Audit Subcommittee under Part 3, clause 20, if required by the Act, Regulations under the ACNC, or as the need arises.
(3) The Risk Management and Audit Subcommittee will comprise Committee members and other individuals with the qualifications, skills, and expertise needed to support the Committee’s responsibilities.
(4) The core functions of the Risk Management and Audit Subcommittee include:
(a) Guiding the Association on the effective implementation of risk management processes and advising the Committee on potential risks;
(b) Reviewing the risk register to ensure risks are managed appropriately and align with the Association’s risk appetite;
(c) Evaluating the Association’s risk management performance to identify areas of improvement; and
(d) Providing quarterly reports to the Committee on risk management performance, the Association’s current risk profile, and emerging risks.
(5) If corrective action is required, it must be implemented promptly. The Association’s material business risks may stem from factors such as competitive pressures, changes in government policies, or vulnerabilities in information systems.
(6) When applicable, the Director must ensure that the Association’s risk management framework, as well as its internal compliance and control systems, operate both efficiently and effectively in all significant respects. A comprehensive statement on these systems’ performance must be submitted to the Committee alongside each financial report.
The Committee must ensure effective governance by keeping members informed of all significant developments affecting the Association’s state of affairs. Transparent communication builds trust and accountability while fostering stakeholder engagement. By maintaining open channels of communication, the Committee demonstrates responsible leadership and reinforces the Association’s commitment to ethical and effective governance.
Effective governance requires the Committee to prioritize its responsibility to the Association’s members while also considering the needs of beneficiaries, donors, the broader community, and other stakeholders. Balancing these interests ensures the Association remains mission-focused and operates in alignment with its ethical and strategic objectives. This approach supports sustainable, impactful decision-making and strengthens the integrity and long-term success of the Association.