Voting Form - MACC Deductible Gift Recipient Status

As a MACC member you are likely aware that a special resolution was tabled at the MACC General Meeting on 7 February 2024, which would add clauses to our constitution to allow us to apply for Deductible Gift Recipient Status with the ATO. This requires 75% of financial members to approve the special resolution. You can read the full special resolution below prior to submitting your vote.

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MURRURNDI ARTS AND CRAFTS COUNCIL
PROPOSED SPECIAL RESOLUTION

Special Resolution to include the Public Fund Model Clauses in the Constitution to enable the Murrurundi Arts and
Crafts Council to apply for Deductible Gift Recipient (DGR) Status.

As required by section 39 of the Associations Incorporations Act, a special resolution is required to amend MACC’s
constitution, which must be approved by 75% of financial members.

Attached are the proposed clauses to be included and are based on the model constitution clauses for an
organisation that wishes to apply for DGR status.

Draft Resolution

To consider and, if thought fit, pass the following Special Resolution

The draft clauses on the establishment of a Public Fund be adopted into MACCs constitution.

The Secretary will then notify the Australian Charities and Not-For-Profit Commission (ACNC)

Murrurundi Arts and Crafts Council

Proposed Clauses to be Added to the Constitution

Public Fund

1. The organisation will establish and maintain a public fund.
2. The public will be invited to contribute to the fund.
3. Donations will be deposited into the public fund listed on the Register of Cultural Organisations. These
monies will be kept separate from other funds of the organisation and will only be used to further the
principal purpose of the Association. Investment of monies in this fund will be made in accordance with
guidelines for public funds as specified by the ATO.
4. The fund will be administered by a management committee or a subcommittee of the management
committee, the majority of whom, because of their tenure of some public office or their professional
standing, have an underlying community responsibility, as distinct from obligations solely in regard to the
cultural objectives of the Council.
5. No monies/assets in this fund will be distributed to members or office bearers of the organisation, except as
reimbursement of out-of-pocket expenses incurred on behalf of the fund or proper remuneration for
administrative services.
6. The Department responsible for the administration of the Register of Cultural Organisations will be notified
of any proposed amendments or alterations to provisions for the public fund, to assess the effect of any
amendments on the public fund’s continuing Deductible Gift Recipient status.

7. Receipts for gifts to the public fund must state:
a. the name of the public fund and that the receipt is for a gift made to the public fund
b. the Australian Business Number of the organisation
c. the fact that the receipt is for a gift, and
d. any other matter required to include on the receipt pursuant to the requirements of the Income Tax
Assessment Act 1997.

8. If the organisation is wound up or its endorsement as a deductible gift recipient is revoked (whichever
occurs first), any surplus of the following assets shall be transferred to another organisation with similar
objects, which is charitable at law, to which income tax deductible gifts can be made:
a. gifts of money or property for the principal purpose of the organisation
b. contributions made in relation to an eligible fundraising event held for the principal purpose of the
organisation
c. money received by the organisation because of such gifts and contributions.
9. The organisation must comply with any rules that the Treasury Minister and the Minister for the Arts make
to ensure that gifts made to the public fund will only be used for the company’s principal purpose.
10. The organisation must provide to the Department responsible for the administration of the Register of
Cultural Organisations statistical information on the gifts made to the public fund every 6 months.