Charities ‘punished in case they break the law’

Proposals to give the charities commissioner greater powers to strip organisations of their charitable status have been condemned.

Proposals to give the charities commissioner the power to strip organisations of their charitable status based solely on the belief they might commit a minor ­offence have been condemned.

Under reforms proposed by the Morrison government, the Australian Charities and Not-for-profits Commission would be able to revoke charity status if it believed a charity was “more likely than not” to commit a summary offence — including blocking a footpath or disorderly behaviour.

Assistant Treasurer Michael Sukkar said the changes were necessary to stop some organisations using their “privileged position as charities” to engage in, promote or condone criminal ­activity.

The move follows a decision in November 2019 to deregister animal rights group Aussie Farms — now called the Farm Transparency Network — after it ­created an online map of Australian slaughterhouses and farms to guide vegan protesters.

“Aussie Farms encouraged the invasion of farmers’ homes and properties, and the sabotaging of businesses,” Scott Morrison said at the time. “There’s nothing charitable about it.”

Mr Sukkar said the government supported the right to peacefully protest, but “political activists and organisations condoning criminal activities, while masquerading as charities, undermine Australians’ trust in the sector overall and do not ­deserve this privilege”.

However, some in the charity sector said the proposed changes were an “attack on democracy”.

“Why would we allow the commissioner to strip a charity of its status, based on his anticipatory, subjective judgment that the charity might commit a minor ­offence?” David Crosbie, chief executive of the Communities Council for Australia, said.

“You can’t anticipate a crime and on that basis take away the charitable status of an organisation that was registered because it offers a public benefit.”

He added that “the only people” who suggested the change was needed were a “very conservative group of politicians who oppose public protests”.

Farm Transparency Network executive director Chris Delforce said the proposal showed the government “grasping at straws to deregister groups”.

The Alliance for Gambling Reform said the changes could see it removed from the charities registry for simply holding a booth outside the MCG.

“We’re very concerned the changes could be weaponised to attack people who are advocating for reform,” AGR executive director Tony Mohr said.