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Australian Charities and Not-for-profits Commission Bill 2012

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2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Australian Charities and Not-for-profits Commission Bill 2012

 

 

(1)     Clause 45-5, page 22 (line 21), omit “give”, substitute “promote the objects of this Act by giving”.

[objects]

( 2 )     Clause 45-5, page 23 (after line 3) , at the end of subclause ( 1 ), add:

Note:          The objects of this Act include supporting and sustaining a robust, vibrant, independent and innovative Australian not-for-profit sector (see subsection 15-5(1)).

[objects]

(3)     Page 23 (before line 31), before subclause 45-10(5), insert:

Basic religious charities

[advocacy]

( 4 )     Clause  45-10 , page 23 (after line 33) , at the end of the clause, add:

Political advocacy

             (6)  The regulations must not require a registered entity not to comment on, or advocate support for, a change to any matter established by law, policy or practice in the Commonwealth, a State, a Territory or another country, if:

                     (a)  the comment or advocacy furthers, or is in aid of, the purpose of the registered entity; and

                     (b)  the comment or advocacy is lawful.

[advocacy]

( 5 )     Page 23 (after line 33) , at the end of Division  45, add:

45-15   Consultation

             (1)  Before the Governor-General makes a regulation for the purposes of subsection 45-10(1), the Minister must be satisfied that:

                     (a)  appropriate consultation has been undertaken with:

                              (i)  the not-for-profit sector (such as through entities that represent parts of the sector); and

                             (ii)  entities having expertise in fields relevant to the proposed regulation; and

                            (iii)  entities likely to be affected by the proposed regulation; and

                     (b)  relevant input received as part of that consultation has been taken into account adequately.

             (2)  Without limiting, by implication, the form that consultation mentioned in paragraph (1)(a) might take, such consultation could involve notification, either directly or by advertisement, of the entities mentioned in that paragraph. Such notification could invite submissions to be made by a specified date or might invite participation in public hearings to be held concerning the proposed regulation.

             (3)  The fact that consultation does not occur, or that input is not taken into account, does not affect the validity or enforceability of the regulation.

             (4)  Part 3 of the Legislative Instruments Act 2003 does not apply to a regulation proposed to be made for the purposes of subsection 45-10(1) of this Act.

[consultation on standards]

( 6 )     Page 25 (after line 27) , at the end of Division  50 , add:

50-15   Consultation

             (1)  Before the Governor-General makes a regulation for the purposes of subsection 50-10(1), the Minister must be satisfied that:

                     (a)  appropriate consultation has been undertaken with:

                              (i)  the not-for-profit sector (such as through entities that represent parts of the sector); and

                             (ii)  entities having expertise in fields relevant to the proposed regulation; and

                            (iii)  entities likely to be affected by the proposed regulation; and

                     (b)  relevant input received as part of that consultation has been taken into account adequately.

             (2)  Without limiting, by implication, the form that consultation mentioned in paragraph (1)(a) might take, such consultation could involve notification, either directly or by advertisement, of the entities mentioned in that paragraph. Such notification could invite submissions to be made by a specified date or might invite participation in public hearings to be held concerning the proposed regulation.

             (3)  The fact that consultation does not occur, or that input is not taken into account, does not affect the validity or enforceability of the regulation.

             (4)  Part 3 of the Legislative Instruments Act 2003 does not apply to a regulation proposed to be made for the purposes of subsection 50-10(1) of this Act.

[consultation on standards]

(7)     Clause 115-55, page 98 (line 22), omit “of the ACNC”, substitute “who is a member of the staff assisting the Commissioner as mentioned in subsection 120-5(1)”.

[delegation]

( 8 )     Page 141 (after line 8) , at the end of Subdivision  190-B , add:

190-40   Returns etc. given by registered entities that can change the governing rules of other registered entities

                   For the purposes of section 190-35, and without limiting that section, treat a registered entity (the lodging entity ) that gives a return, notice, statement, application or other document to the Commissioner in the approved form on behalf of another registered entity as doing so as the agent of the other registered entity, if:

                     (a)  the lodging entity can amend the governing rules of the other registered entity in relation to a matter; and

                     (b)  the return, notice, statement, application or other document relates to that matter.

Sections 190-25 and 190-30 do not apply to the giving of the return, notice, statement, application or other document by the lodging entity.

[approved forms]

( 9 )     Clause  205-35 , page 149 (after line 14) , after subclause ( 3 ), insert:

          (3A)  Subsection (3) does not apply at a time in a financial year if:

                     (a)  paragraph 30-227(2)(a) of the Income Tax Assessment Act 1997 does not apply to the entity at any time in the financial year; and

Note:       Paragraph 30-227(2)(a) of the Income Tax Assessment Act 1997 applies to funds, authorities or institutions endorsed as deductible gift recipients or mentioned by name in the table in section 30-15 or Subdivision 30-B.

                     (b)  the entity is endorsed under Subdivision 30-BA of that Act as a deductible gift recipient for the operation of one or more funds, authorities or institutions at any time in the financial year; and

                     (c)  the total revenue of the entity for the financial year in relation to the operation of the funds, authorities or institutions is less than $250,000.

[basic religious charities]