<br><font size=2 face="sans-serif">Well said Clae... in my discussions with ACA and AG's Dept, they were both quite satisfied with our status as 'non-profit' and 'non-commercial' in exactly the terms you mentioned. FYI they were both very positive toward our situation.</font>
<br>
<br><font size=2 face="sans-serif">According to the act(in vic), inc associations cannot distibute profit to members and as such are non-profit by nature. </font>
<br>
<br><font size=2 face="sans-serif">As far as providing internet access to members who are paying for that service, that complicates things a little and I believe would require some further _discussion/negotiation_ with the ACA.</font>
<br>
<br><font size=2 face="sans-serif">If someone were to provide a pipe for free on the otherhand...... :)</font>
<br>
<br><font size=2 face="sans-serif">Darren Dreis<br>
Vice President</font>
<br><font size=2 face="sans-serif">Melbourne Wireless Inc.<br>
vicepresident@wireless.org.au</font>
<br><font size=2 face="sans-serif">http://www.wireless.org.au<br>
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<td><font size=1 face="sans-serif"><b>Clae <clae@tpg.com.au></b></font>
<br><font size=1 face="sans-serif">Sent by: owner-melbwireless@wireless.org.au</font>
<p><font size=1 face="sans-serif">16/02/2003 12:10 PM</font>
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<td><font size=1 face="Arial"> </font>
<br><font size=1 face="sans-serif"> To: <melbwireless@wireless.org.au></font>
<br><font size=1 face="sans-serif"> cc: </font>
<br><font size=1 face="sans-serif"> Subject: Re: [MLB-WIRELESS] Fw: Internet Sharing</font></table>
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<br><font size=2 face="Courier New">There's a difference between "profit" and "surplus". A for-profit <br>
business distributes surplus income to its owners/shareholders; <br>
that's called profit. A non-profit group is perfectly allowed to <br>
generate an operating surpus, it just can't distribute it. Any <br>
"profit" from particular activities has to be ploughed back into the <br>
group's core activities. MW makes a small surplus on the BBQs, but <br>
it all goes back into MW, so it's not profit, just fundraising.<br>
<br>
OK, that takes care of the ATO, as far as the ACA is concerned it is <br>
probably best if any charge for internet access is only enough to <br>
cover costs. Maybe.<br>
<br>
Clae.<br>
<br>
My $0.02, IANAL, YMMV etc<br>
<br>
At 11:43 AM +1100 16/2/03, rik wrote:<br>
>would "+ Involves the exchange of money for a profit" still be in efect igf<br>
>they where making a loss by having "open days" so they end up with zero in<br>
>there bank balance?<br>
><br>
><br>
>----- Original Message -----<br>
>From: "Jon Teh" <jon@unicomsystems.com><br>
>To: "Jamie Lovick" <jalovick@doof.org><br>
>Cc: "rik" <mibz@optushome.com.au>; <melbwireless@wireless.org.au>; "Rick"<br>
><rrgordon@netspace.net.au><br>
>Sent: Sunday, February 16, 2003 10:44 AM<br>
>Subject: Re: [MLB-WIRELESS] Fw: Internet Sharing<br>
><br>
><br>
>> On Sat, Feb 15, 2003 at 05:04:43PM +1030, Jamie Lovick wrote:<br>
>> ><br>
>> > As mentioned in my original Email, this has not been finalised. It may<br>
>> > not even happen.<br>
>> ><br>
>> > Regards<br>
>> ><br>
>> > Jamie<br>
>> ><br>
>> > On Sat, 15 Feb 2003, rik wrote:<br>
>> ><br>
>> > > didnt they say communitee/non profit groups could do it without a<br>
>licence?<br>
>> > ><br>
>> > > i belive i heard this being said<br>
>><br>
>> Jamie,<br>
>><br>
>> this seems to pretty solid from what I can see, in the latest<br>
>> ACA Connections magazine (dead tree), there is an article about the<br>
>> clarification, I'll summarise as follows:<br>
>><br>
>><br>
>> * Commercial use of wireless technologies - OK for use outside<br>
>> immediate circle (usually employees) without carrier licence, if<br>
>> it is a hotspot configuration, and not having multiple hops over<br>
>> unlicensed wireless, and Internet access is OK.<br>
>><br>
>> * Non-Commercial use of wireless technologies - Internet access and<br>
>> other data applications OK. Not limited to hotspot setup. According<br>
>> to the ACA, 'commmercial' is seen as an arrangement that fulfills<br>
>> any of the following criteria:<br>
>><br>
>> + Assosciated with an entity which is a business/has<br>
>> an ABN.<br>
>> + Provides a guarantee/contract of Service Level.<br>
>> + Involves the exchange of money for a profit.<br>
>><br>
>><br>
>> If more than a few people want to see this article, I can get the magazine<br>
>> and scan it in; but I suspect it's pretty much the same thing that is up<br>
>> on the web, just more polish for paper form.<br>
>><br>
>> Hope this helps,<br>
>><br>
>> -- Jon Teh<br>
><br>
><br>
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