Financial records relating to Nuclear for Australia LTD ABN: 26672442027
Dear Australian Charities and Not-for-profits Commission,
Please find the below Freedom of Information request pertaining to the registered charity Nuclear for Australia, ABN: 26672442027.
Seeking documentation regarding donor information, particularly surrounding incoming donation amounts from registered companies and individuals.
Also, seeking outgoing expenses records as well as a current list of assets for both the 2023-2024 and 2024-2025 financial years.
Yours faithfully,
Chow Wang.
OFFICIAL
Thank you for your email.
Important
o If you have questions about changes to income tax exemption for
not-for-profits, please read our [1]guidance for organisations that
have been self-assessing as income tax exempt before we respond.
o If your organisation is already registered as a charity with the ACNC,
you are not affected by these changes and do not need to take action.
What to expect next
· If your email was a general enquiry, we aim to respond as soon
as possible.
· If you submitted a concern about a charity, we only contact you
if we need more information about your concern. See [2]more about how we
address concerns about a charity.
· If your email is feedback or a complaint about the ACNC, we aim
to respond within 20 business days.
· If you submitted a form on behalf of a charity, we will only
contact you if we need more information to process it.
For more information refer to [3]our service commitment.
Kind regards,
Advice Services
Australian Charities and Not-for-profits Commission (ACNC)
T 13 22 62 | E [4][Australian Charities and Not-for-profits Commission request email] | W [5]www.acnc.gov.au
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********************************************************************* If
you have received this email by mistake, please notify us by return e-mail
and delete the message and attachments immediately. This email and any
attachments may contain confidential or legally privileged information.
Any review, re-transmission, dissemination or other use of this
information by persons or entities other than the intended recipient is
prohibited.
*********************************************************************
References
Visible links
1. Organisations that have been self-assessing as Income Tax Exempt
https://www.acnc.gov.au/organisations-ha...
2. https://www.acnc.gov.au/raise-concern/co...
3. https://www.acnc.gov.au/about/corporate-...
4. mailto:[Australian Charities and Not-for-profits Commission request email]
5. http://www.acnc.gov.au/
OFFICIAL Sensitive
Dear Chow
Reference Number: 2025Q1R3
I refer to your request for access to documents under the Freedom of
Information Act 1982 (FOI Act). I have taken your request to relate to
NUCLEAR FOR AUSTRALIA LTD (ABN 26 672 442 027) (the Charity).
I understand you are seeking the following:
* Documentation regarding donor information, particularly surrounding
incoming donation amounts from registered companies and individuals;
and
* Outgoing expenses records as well as a current list of assets for both
the 2023-2024 and 2024-2025 financial years.
Please consider this email to be acknowledgement of your request for the
purposes of section 15(5)(a) of the FOI Act.
It may help if I explain to you that the Australian Charities and
Not-for-profits Commission (ACNC) has legislation which contains strict
secrecy provisions. These are outlined in Division 150 of the Australian
Charities and Not-for-profits Commission Act 2012 (Cth).
I can usually only disclose the information obtained or generated about a
specific entity to that entity’s responsible persons or authorised
persons. There are only limited exceptions, and the FOI Act does not
override these secrecy provisions.
It is your right to continue with this FOI request. However, because of
the secrecy provisions, it is unlikely I will be able to provide you with
the documents you are seeking, assuming they exist. It may be more
efficient to withdraw your request.
Please contact me if you would like to arrange a time to discuss the
effect that the secrecy provisions will have on your request.
Alternatively, please let me know, by reply email, if you would prefer to
withdraw your request.
If you choose to continue with your request, under the FOI Act, I must
make a decision on your request within 30 days of receiving it. You should
expect a decision from me by 22 August 2024. The period of 30 days may be
extended in limited situations. I will advise you if this happens.
The FOI Act provides that charges can be applied for access to some
information. This is unlikely to occur, but if it does you will be
notified before I process any of the documents you have requested or
impose a final charge.
Please note that information released under the FOI Act may later be
published online on our [1]FOI Disclosure Log. Some information, including
personal information, will usually not be published.
I will contact you using the email address you provided, unless you advise
otherwise. If you have any questions, please contact me.
A Nguyen
Pronouns: she/her
Freedom of Information Officer | Australian Charities and Not-for-profits
Commission
E [2][email address] | W [3]www.acnc.gov.au
[4]A logo with a white background Description automatically generated
The ACNC acknowledges the Traditional Custodians of country throughout
Australia and their connections to land, sea and community. We pay our
respects to them and their cultures and elders past and present.
--------------------------------------------------------------------------
OFFICIAL
OFFICIAL Sensitive
Dear FOI team,
Thank you for advising of existing secrecy provisions.
Given these considerations would it be possible to amend the existing request or should the request be withdrawn and resubmitted?
Going forward this FOI request would seek a sanitized record of donations pertaining to amounts and the dates received.
Maintain the request for outgoing expenses records, and a current list of assets for the 2023-2024 and 2024-2025 financial years.
Seeking additional documents clarifying the process by which funds have been recently allocated for a 'US tour of the Diablo Canyon Power Plant', with a particular focus on documentation of the application process and steps taken to ensure the organisation has upheld its not for profit obligations, ensuring that no portion of its assets and income have been distributed directly or indirectly to the members of the organisation or their friends or relatives of the people who run the organisation.
This request also seeks documentation relevant to the organisations Governing Document dated 15/03/2024, charter points (54.3) and (54.5) 'not to misuse their position as director', and 'to disclose any perceived or actual conflicts of interest in the manner set out in rule 56'. To this end we are additionally requesting a copy of the written notice to the secretary of the Company, or the notes of the meeting in which the facts and nature of the conflict was declared to the directors of the Company.
Please advise if this FOI request can be updated or if any additional information regarding documents or potential conflict of interest is required.
Yours sincerely,
Chow Wang
Thank you for your email.
We will respond as soon as we can.
If you have emailed a new FOI request, we are committed to meeting our FOI
Act obligation to acknowledge your request within 14 days. If you have not
heard from us within that timeframe, please contact us on 13 22 62 so that
we can provide you with an update on your request.
ACNC FOI
Australian Charities and Not-for-profits Commission
E foi[1]@acnc.gov.au | W [2]www.acnc.gov.au
********************************************************************* If
you have received this email by mistake, please notify us by return e-mail
and delete the message and attachments immediately. This email and any
attachments may contain confidential or legally privileged information.
Any review, re-transmission, dissemination or other use of this
information by persons or entities other than the intended recipient is
prohibited.
*********************************************************************
References
Visible links
1. http://www.acnc.gov.au/
2. http://www.acnc.gov.au/
OFFICIAL Sensitive
Dear Chow
Reference Number: 2025Q1R3
Thank you for your further email. I confirm that you provided further
detail about the scope of your request to access documents under the
Freedom of Information Act 1982 (FOI Act).
I have taken the scope of your request to now be for the following
documents relating to NUCLEAR FOR AUSTRALIA LTD (ABN 26 672 442 027) (the
Charity):
1. A sanitised record of donations, pertaining to amounts and dates,
received from companies and individuals (amended from your original
email);
2. Ongoing expense records, including a current list of assets for the
2023-2024 and 2024-2025 financial years (unchanged);
3. Documents clarifying the process by which funds have been allocated
for a ‘US tour of the Diablo Canyon Power Plant’. In particular you
seek documentation relating to the application process and steps taken
to ensure the Charity has upheld its not-for-profit obligations
(additional request); and
4. A copy of written notices to the Charity’s Company Secretary, or notes
of the meeting in which the facts and nature of the Charity’s
directors declared conflicts of interest, in accordance with the
Charity’s governing document (additional request).
Please consider this email to be an acknowledgement of your updated
request for the purposes of section 15(5)(a) of the FOI Act.
As I am required under the FOI Act to make a decision within 30 days of
receiving your complete request, you should now expect a decision from me
by 28 August 2024.
As previously mentioned, Division 150 of the Australian Charities and
Not-for-profits Commission Act 2012 (Cth), which contains strict secrecy
provisions, is still likely to apply to your request.
It is your right to continue with this FOI request. However, because of
the secrecy provisions, it is unlikely I will be able to provide you with
the documents you are seeking, assuming such documents exist. It may be
more efficient to withdraw your request.
Please contact me if you would like to arrange a time to discuss the
effect that the secrecy provisions will have on your request.
Alternatively, please let me know, by reply email, if you would prefer to
withdraw your request.
I will contact you using the email address you provided, unless you advise
otherwise. If you have any questions, please contact me.
Yours sincerely
A Nguyen
Pronouns: she/her
Freedom of Information Officer | Australian Charities and Not-for-profits
Commission
E [1][email address] | W [2]www.acnc.gov.au
The ACNC acknowledges the Traditional Custodians of country throughout
Australia and their connections to land, sea and community. We pay our
respects to them and their cultures and elders past and present.
OFFICIAL Sensitive
--------------------------------------------------------------------------
From: Chow Wang <[FOI #11740 email]>
Sent: Monday, 29 July 2024 12:11 PM
To: foi <[email address]>
Subject: Re: Freedom of Information request - Financial records relating
to Nuclear for Australia LTD ABN: 26672442027
** EXTERNAL EMAIL – Think quick before you click**
Dear FOI team,
Thank you for advising of existing secrecy provisions.
Given these considerations would it be possible to amend the existing
request or should the request be withdrawn and resubmitted?
Going forward this FOI request would seek a sanitized record of donations
pertaining to amounts and the dates received.
Maintain the request for outgoing expenses records, and a current list of
assets for the 2023-2024 and 2024-2025 financial years.
Seeking additional documents clarifying the process by which funds have
been recently allocated for a 'US tour of the Diablo Canyon Power Plant',
with a particular focus on documentation of the application process and
steps taken to ensure the organisation has upheld its not for profit
obligations, ensuring that no portion of its assets and income have been
distributed directly or indirectly to the members of the organisation or
their friends or relatives of the people who run the organisation.
This request also seeks documentation relevant to the organisations
Governing Document dated 15/03/2024, charter points (54.3) and (54.5) 'not
to misuse their position as director', and 'to disclose any perceived or
actual conflicts of interest in the manner set out in rule 56'. To this
end we are additionally requesting a copy of the written notice to the
secretary of the Company, or the notes of the meeting in which the facts
and nature of the conflict was declared to the directors of the Company.
Please advise if this FOI request can be updated or if any additional
information regarding documents or potential conflict of interest is
required.
Yours sincerely,
Chow Wang
OFFICIAL Sensitive
Dear Chow
Please find attached a decision in response to your FOI request.
Kind regards
A Nguyen
Pronouns: she/her
Freedom of Information Officer | Australian Charities and Not-for-profits
Commission
E [1][email address] | W [2]www.acnc.gov.au
OFFICIAL Sensitive
--------------------------------------------------------------------------
From: foi <[email address]>
Sent: Tuesday, 30 July 2024 5:19 PM
To: Chow Wang <[FOI #11740 email]>
Subject: Re: Freedom of Information request - Financial records relating
to Nuclear for Australia LTD ABN: 26672442027
Dear Chow
Reference Number: 2025Q1R3
Thank you for your further email. I confirm that you provided further
detail about the scope of your request to access documents under the
Freedom of Information Act 1982 (FOI Act).
I have taken the scope of your request to now be for the following
documents relating to NUCLEAR FOR AUSTRALIA LTD (ABN 26 672 442 027) (the
Charity):
1. A sanitised record of donations, pertaining to amounts and dates,
received from companies and individuals (amended from your original
email);
2. Ongoing expense records, including a current list of assets for the
2023-2024 and 2024-2025 financial years (unchanged);
3. Documents clarifying the process by which funds have been allocated
for a ‘US tour of the Diablo Canyon Power Plant’. In particular you
seek documentation relating to the application process and steps taken
to ensure the Charity has upheld its not-for-profit obligations
(additional request); and
4. A copy of written notices to the Charity’s Company Secretary, or notes
of the meeting in which the facts and nature of the Charity’s
directors declared conflicts of interest, in accordance with the
Charity’s governing document (additional request).
Please consider this email to be an acknowledgement of your updated
request for the purposes of section 15(5)(a) of the FOI Act.
As I am required under the FOI Act to make a decision within 30 days of
receiving your complete request, you should now expect a decision from me
by 28 August 2024.
As previously mentioned, Division 150 of the Australian Charities and
Not-for-profits Commission Act 2012 (Cth), which contains strict secrecy
provisions, is still likely to apply to your request.
It is your right to continue with this FOI request. However, because of
the secrecy provisions, it is unlikely I will be able to provide you with
the documents you are seeking, assuming such documents exist. It may be
more efficient to withdraw your request.
Please contact me if you would like to arrange a time to discuss the
effect that the secrecy provisions will have on your request.
Alternatively, please let me know, by reply email, if you would prefer to
withdraw your request.
I will contact you using the email address you provided, unless you advise
otherwise. If you have any questions, please contact me.
Yours sincerely
A Nguyen
Pronouns: she/her
Freedom of Information Officer | Australian Charities and Not-for-profits
Commission
E [3][email address] | W [4]www.acnc.gov.au
The ACNC acknowledges the Traditional Custodians of country throughout
Australia and their connections to land, sea and community. We pay our
respects to them and their cultures and elders past and present.
--------------------------------------------------------------------------
From: Chow Wang <[FOI #11740 email]>
Sent: Monday, 29 July 2024 12:11 PM
To: foi <[email address]>
Subject: Re: Freedom of Information request - Financial records relating
to Nuclear for Australia LTD ABN: 26672442027
** EXTERNAL EMAIL – Think quick before you click**
Dear FOI team,
Thank you for advising of existing secrecy provisions.
Given these considerations would it be possible to amend the existing
request or should the request be withdrawn and resubmitted?
Going forward this FOI request would seek a sanitized record of donations
pertaining to amounts and the dates received.
Maintain the request for outgoing expenses records, and a current list of
assets for the 2023-2024 and 2024-2025 financial years.
Seeking additional documents clarifying the process by which funds have
been recently allocated for a 'US tour of the Diablo Canyon Power Plant',
with a particular focus on documentation of the application process and
steps taken to ensure the organisation has upheld its not for profit
obligations, ensuring that no portion of its assets and income have been
distributed directly or indirectly to the members of the organisation or
their friends or relatives of the people who run the organisation.
This request also seeks documentation relevant to the organisations
Governing Document dated 15/03/2024, charter points (54.3) and (54.5) 'not
to misuse their position as director', and 'to disclose any perceived or
actual conflicts of interest in the manner set out in rule 56'. To this
end we are additionally requesting a copy of the written notice to the
secretary of the Company, or the notes of the meeting in which the facts
and nature of the conflict was declared to the directors of the Company.
Please advise if this FOI request can be updated or if any additional
information regarding documents or potential conflict of interest is
required.
Yours sincerely,
Chow Wang