Compliance

First Light Community Foundation will comply with all aspects of the Gambling Act 2003 as it applies to the Foundation's gaming operation.

Statement of Authorised Purpose

• Any charitable purpose;
• Any non-commercial purpose that is beneficial to the whole or a section of the community.
• Promoting, controlling and conducting race meetings under the Racing Act 2006, but excluding the payment of racing stakes.

The above Authorised Purposes include (but are not limited to):

• Promotion of any amateur sport where that sport is conducted for the recreation of the general public. Includes, but is not limited to, the provision of ground fees, equipment and uniforms for amateur sporting clubs and teams. No donations and/or payments to professional sportspersons.
• Donations for cultural educational purposes that are of a non-commercial nature.
• Donations for educational advancement through grants to schools or other educational institutes for equipment or the development of better student amenities not covered by Government funding, including playground equipment etc.
• Donations to recognised charitable organisations to further the objects of those groups.

Examples of Non-Authorised Purposes: (Included but not limited to)

• Groups or individuals standing for an election to public office.    
• Lobby groups or action/pressure groups (e.g. Greenpeace, or Sensible Sentencing Trust).
• Social events, e.g. school balls, family reunions, entertainment in pubs or clubs, sporting trips for supporters or spectators, or after match functions for sporting groups.
• Personal or commercial gain.
• Professional sport or
• Non-affiliated “social” sports clubs (such as corporate leagues).
• Training/preparing “promising” athletes with the aim of creating professional sports people.
• Cash prizes or large non-cash prizes (other than medals or trophies).
• Vehicle mileage or petrol vouchers.
• Prizes (other than medals/trophies).
• Gifts/Koha.
• Dress uniforms, training uniforms or tracksuits.
• Personal items such as shoes, socks and mouth guards.
• Food or drinks
• Social Club expenses
• Any retrospective expense/s
• Individuals
• Racing stakes

Applications for Wages and Capital works projects are considered on a case by case basis, and are not considered as a high priority for First Light Community Foundation. 

The Net Proceeds Committee will give priority to applications concentrated on other purposes such as equipment, playing uniforms or other non-operational costs.

Decisions by Net Proceeds Committee

All final funding decisions are made by a quorum of at least four members of the First Light Community Foundation Board of Directors.

Grant applications found to be non-compliant will not be approved. In this context, “non-compliant” means grant applicants that do not contain all the relevant information, are retrospective, where previous accountability information has not been received, where there is a conflict of interest, where it does not comply with the authorised purpose of the First Light Community Foundation or where there is information that the applicant has received funding from other source(s) for the full amount needed for the purpose applied for here.

An application for funding is considered “retrospective” if goods and services are purchased prior to consideration by the Board of Directors. If an event takes place or goods/services are purchased prior to the Directors decision, then the application will be considered non-compliant and declined.

Grant Influence – Section 113

Key Persons of a First Light Community Foundation Class 4 venue cannot have any input or influence in the grant process. Venue key persons are:

• The venue manager (defined as the person responsible for supervising the gambling and venue personnel at a First Light Community Foundation Class 4 venue and for banking the proceeds of Class 4 gambling);
• The venue personnel (defined as the persons who work at a First Light Community Foundation Class 4 venue and whose work involves dealing with gambling equipment, gamblers, or the proceeds of gambling);
• The venue operator (defined as the occupier of a First Light Community Foundation Class 4 venue who owns the primary business at the venue);
• The venue operator’s directors, shareholders, chief executive and senior manager;
• Any person who has a significant interest in the management, ownership, or operation of a venue operator;
• A person contracted to service First Light Community Foundations gambling equipment.

Persons who have significant interest in the management, ownership, or operation of a venue operator include:

• People with a financial or ownership interest in the business operating at the venue, or the venue premises;
• People with the power to make decisions that would normally be made by the Directors, Chief Executive or Senior Management of the venue operator;
• People undertaking or being responsible for duties that are normally the responsibility of the venue manager (e.g. being responsible for the timely banking of gaming proceeds).

Venue key persons must not provide grant application forms to potential grant recipients.

Venue key persons cannot provide goods or services to third parties and be paid from grant money which is derived from First Light Community Foundation. For example, a venue could not provide catering services to a hockey club if the hockey club plans to use grant proceeds to pay for the food.

Venue key persons cannot be involved in decisions about who will provide goods or services to a third party, if payment is being made from grant money which is received from First Light Community Foundation. For example, if a venue key person were also a committee member of a community organisation which received a grant from First Light Community Foundation, the person could not have any input as to which painter the community organisation employs, if the painter is to be paid from grant money.

Conditions for Allocation of Funds

Funds approved will be deposited into the nominated bank account, with the following conditions applied:

• Any grant allocation must be applied to the specific purpose stated on this application and to no other purpose. Acceptance of payment will be deemed to confirm that the grant allocation has or will be applied accordingly.
• The allocation is made as a grant, a gift from Foundation funds, made on the condition that no procuration fee, commission and/or discount has or will be paid to any person and that no identifiable direct benefit arises or may arise in the form of a supply of goods or services to any party involved as a result of the payment being made.
• In the event of non-compliance to these conditions, an amount equal to the allocation amount is immediately repayable by the recipient to the Foundation.
• Any grant made by the Foundation is exempt of Goods and Services Tax.
• When a grant recipient is GST registered, a grant will only be made for the GST exclusive component.
• When a grant recipient is not GST registered, a grant may be made for the full GST inclusive cost of the goods or service.
• The Foundation requires that an acknowledgement of grant be completed and returned to the Foundation, once funds have been received by the recipient organisation.
• Any uniforms or equipment purchased from grant money will need to remain the property of the organisation.

Accountability Requirements

Recipients of grant funding must return paid invoices and bank statements to First Light Community Foundation within the timeframe stipulated by the Foundation after the funds have been spent to complete the accountability requirement. If these funds were not spent for the appropriate purpose, the Foundation will request a refund of the full amount of the grant. If a funding surplus exists, the surplus must be returned to First Light Community Foundation by direct credit within 20 working days of the request or as otherwise agreed with First Light Community Foundation.  

Grant recipients must use approved funds for the specific authorised purpose for which it was granted, and in accordance with any conditions consistent with the Gambling Act.  Failure to account for funds spent against the specific authorised purpose will result in the Foundation requesting a refund.

The Directors will not generally make a grant to any organisation who has previously received a grant, but has not spent these funds, or returned the relevant accountability documentation or refund to First Light Community Foundation.

First Light Community Foundation may at any time request further accountability documentation to ensure funds have been spent appropriately. 

Where information is obtained by the Board indicating that a grant recipient has received funding from other source(s) for the full amount needed for the purpose applied for here, the Board will take reasonable steps to obtain a return of the money from the grant recipient. If a refund is requested, the grant recipient must return this money to First Light Community Foundation by direct credit within 20 working days of the request or as otherwise agreed by First Light Community Foundation.

Audit and Inspection Requirements

First Light Community Foundation may be requested by regulatory parties, including the DIA, our auditors, or any other party that we are required to disclose information to for regulatory or statuary requirements, to provide copies of the information that you have submitted in this application including but not limited to; Organisation details, your personal information, information about your request for funding, banking details and amounts granted if you are successful.  By accepting these Terms and Conditions you are agreeing to this material being provided.  First Light Community Foundation is required to render details of all donations to the Department of Internal Affairs. This grant application is made with the understanding that if any Department of Internal Affairs officer so requests, the applicant organisation shall agree to and participate in (at its own expense) any such inspection and/or audit. First Light Community Foundation may also request information and verification as to how the funds were used.