Will ACNC shut down ACL but support Marriage Equality during gay plebiscite?

The charity watchdog will issue fresh guidelines to not-for-profit groups campaigning on either side of the government's proposed same-sex marriage plebiscite to ensure they do not breach the sector's political rules.

Several of the most outspoken organisations expected to spearhead the "yes" and "no" campaigns are registered with the Australian Charities and Not-for-profits Commission.

Registered charities that enter the political fray are bound by a set of guidelines, including a ban on endorsing any one candidate or party for public office.

The rules prevented groups such as Australian Marriage Equality and the Australian Christian Lobby from backing pro and anti-same-sex marriage candidates, respectively, at the July 2 federal election.

However, the currently published guidelines do not explicitly state the protocols during plebiscites or referenda, when a law or policy is voted on rather than a candidate for office. An ACNC spokeswoman said in the event of a plebiscite, "additional specific guidance for charities" would be released.

The spokeswoman said charities or not-for-profits could advocate for or oppose law changes, provided it helped the organisation "further or aid their charitable purpose".

The Australian Christian Lobby's charitable purpose is listed as "advancing a religion" on the ACNC register, while Australian Marriage Equality's purpose is described as "promote or oppose a change to law, government policy or practice". If a charity or not-for-profit takes part in or promotes illegal behaviour or "activities ... contrary to public policy", it can be disqualified from the register.

The commission spokeswoman said many people had expressed interest in the political advocacy guideline, but there had been no interest about the plebiscite itself. "We expect this will change if a plebiscite was officially announced," she said.