Legal structure
The Peter MacCallum Cancer Foundation Ltd (‘Company’) was incorporated as a public company limited by guarantee on 13 March 2002 (I 099 895 440). Its sole member is the Peter MacCallum Cancer Centre.
The Company and its member executed a Deed of Trust on 28 June 2002 to establish the Peter MacCallum Cancer Foundation (‘Trust’). The Company is Trustee for the Trust.
Both the Company and the Foundation operate in accordance with the Corporations Act 2001, Fundraising Appeals 1998 (Amendments 2003), the Trustee Act 1958 (Amendments 2002) and is compliant with the Corporations Act 2001.
Tax status: Peter MacCallum Cancer Foundation
ABN 14 786 237 480
The Peter MacCallum Cancer Foundation is a public ancillary fund (item 2 of the table in section 30-15 of the Income Tax Assessment Act 1997) with endorsement as a Deductible Gift Recipient issued by the Australian Taxation Office (ATO).
The Foundation is also a Tax Concession Charity, holding income tax exemption under Subdivision 50-B of the Income Tax Assessment Act 1997.
Tax status: Peter MacCallum Cancer Centre
ABN 42 100 504 883
The Peter MacCallum Cancer Institute, trading as the Peter MacCallum Cancer Centre, is endorsed as a Deductible Gift Recipient. It is covered by item 1 of the table in section 30-15 of the Income Tax Assessment Act 1997.
Although Tax Concession Charity status has been removed from all public hospitals, there has been an amendment to the Charity Act which means that a trust or Private Ancillary Fund (PAF) can give to Peter MacCallum Cancer Centre by making a declaration as set out in Section 7K. It is becoming increasingly common amongst trusts and foundations to make this declaration. Donors should seek legal advice prior to making this declaration. In these cases, donors are asked to indicate at the time of donation that their gift is to be receipted by the Peter MacCallum Cancer Centre.
Further information is available on the Department of Justice website, in the document Guidelines for trustees of charitable trusts wishing to distribute to government public hospitals.
