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Wednesday, 31 October 2012
Page: 12845

Consideration of Senate Message

Bill returned from the Senate with amendments.

Ordered that the amendments be considered at a later hour this day.

Senate’s amendments—

(1) Clause 40 10, page 21 (after line 4), after paragraph (2)(d), insert:

(da) all of the following subparagraphs apply:

   (i) the information is the details of a warning issued to a registered entity by the Commissioner under Division 80, as mentioned in paragraph 40 5(1)(f);

   (ii) the information has the potential to cause detriment to the entity, or to an individual;

   (iii) the contravention, likely contravention, non compliance or likely non compliance mentioned in subsection 80 5(1) was not, or would not be, in bad faith;

   (iv) the contravention, likely contravention, non compliance or likely non compliance has been dealt with, or prevented, such that declining to include the information, or removing the information, would not conflict with the objects of this Act;

(2) Clause 45 5, page 23 (line 8), omit "a registered entity", substitute "an entity".

(3) Clause 45 5, page 23 (line 12), omit "registered entity's", substitute "entity's".

(4) Clause 45 10, page 23 (lines 20 to 27), omit subclauses (1) and (2), substitute:

(1) The regulations may specify standards (the governance standards) with which an entity must comply in order to become registered under this Act, and to remain entitled to be registered under this Act.

(2) Without limiting the scope of subsection (1), those standards may:

   (a) require the entity to ensure that its governing rules provide for a specified matter; or

   (b) require the entity to achieve specified outcomes and:

      (i) not specify how the entity is to achieve those outcomes; or

      (ii) specify principles as to how the entity is to achieve those outcomes; or

   (c) require the entity to establish and maintain processes for the purpose of ensuring specified matters.

(2A) Without limiting subparagraph (2)(b)(ii), the principles mentioned in that subparagraph may reflect the size of the entity, the amount and nature of contributions to the entity and the nature of the activities undertaken by the entity in pursuit of its purposes.

(5) Clause 45 10, page 23 (line 30), omit "registered entity", substitute "entity".

(6) Clause 45 10, page 23 (line 33), omit "registered entity", substitute "entity".

(7) Clause 45 10, page 24 (line 6), omit "a registered entity", substitute "an entity".

(8) Clause 45 10, page 24 (line 11), omit "registered entity", substitute "entity".

(9) Clause 45 15, page 24 (after line 22), at the end of paragraph (1)(a), add:

(iv) the Commissioner; and

(10) Clause 45 15, page 24 (lines 25 to 31), omit subclause (2), substitute:

(2) Without limiting, by implication, the form that consultation mentioned in paragraph (1)(a) might take, consultation to which all of the following paragraphs apply is appropriate consultation:

   (a) the consultation involves consultation with the public;

   (b) the consultation involves:

      (i) notifying, directly and by advertisement, the entities mentioned in paragraph (1)(a) of the consultation; and

      (ii) inviting them to make submissions by a specified date and, where necessary, to participate in public hearings to be held concerning the proposed regulation;

   (c) the consultation is facilitated by the Commissioner.

(11) Page 25 (after line 6), at the end of Division 45, add:

45 20 Parliamentary scrutiny of standards

   Despite subsection 12(1) of the Legislative Instruments Act 2003, a provision of a regulation made for the purposes of subsection 45 10(1) of this Act does not commence until the day after the earlier of:

   (a) if both Houses of the Parliament pass a resolution approving the provision—the day the resolution is passed by the second House to do so; and

   (b) the last day on which the regulation could be disallowed in either House, unless:

      (i) the regulation is disallowed; or

      (ii) either House passes a resolution disapproving the provision;

   on or before that day.

(12) Clause 50 5, page 27 (line 1), omit "a registered entity", substitute "an entity".

(13) Clause 50 5, page 27 (line 8), omit "registered entity's", substitute "entity's".

(14) Clause 50 10, page 27 (lines 15 to 22), omit subclauses (1) and (2), substitute:

(1) The regulations may specify standards (the external conduct standards) with which an entity must comply in order to become registered under this Act, and to remain entitled to be registered under this Act.

(2) Without limiting the scope of subsection (1), those standards may:

   (a) require the entity to ensure that its governing rules provide for a specified matter; or

   (b) require the entity to achieve specified outcomes and:

      (i) not specify how the entity is to achieve those outcomes; or

      (ii) specify principles as to how the entity is to achieve those outcomes; or

   (c) require the entity to establish and maintain processes for the purpose of ensuring specified matters.

(2A) Without limiting subparagraph (2)(b)(ii), the principles mentioned in that subparagraph may reflect the size of the entity, the amount and nature of contributions to the entity and the nature of the activities undertaken by the entity in pursuit of its purposes.

(15) Clause 50 15, page 28 (after line 4), at the end of paragraph (1)(a), add:

   (iv) the Commissioner; and

(16) Clause 50 15, page 28 (lines 7 to 13), omit subclause (2), substitute:

(2) Without limiting, by implication, the form that consultation mentioned in paragraph (1)(a) might take, consultation to which all of the following paragraphs apply is appropriate consultation:

   (a) the consultation involves consultation with the public;

   (b) the consultation involves:

      (i) notifying, directly and by advertisement, the entities mentioned in paragraph (1)(a) of the consultation; and

      (ii) inviting them to make submissions by a specified date and, where necessary, to participate in public hearings to be held concerning the proposed regulation;

   (c) the consultation is facilitated by the Commissioner.

(17) Page 28 (after line 19), at the end of Division 50, add:

50 20 Parliamentary scrutiny of standards

   Despite subsection 12(1) of the Legislative Instruments Act 2003, a provision of a regulation made for the purposes of subsection 50 10(1) of this Act does not commence until the day after the earlier of:

   (a) if both Houses of the Parliament pass a resolution approving the provision—the day the resolution is passed by the second House to do so; and

   (b) the last day on which the regulation could be disallowed in either House, unless:

      (i) the regulation is disallowed; or

      (ii) either House passes a resolution disapproving the provision;

   on or before that day.

(18) Page 31 (after line 16), after Subdivision 60 A, insert:

Subdivision 60 AA—Object of this Division

60 3 Object of this Division

(1) The object of this Division is to promote:

   (a) the transparency and accountability of registered entities; and

   (b) the reduction of reporting obligations of registered entities under other Australian laws.

(2) The Division does this by requiring registered entities to provide information to the Commissioner that:

   (a) relates to this Act or the taxation law; and

   (b) the Commissioner:

      (i) will use for the purposes of this Act; or

      (ii) may pass on to other Australian government agencies, removing the need for those agencies to require the information from the registered entities; or

      (iii) will make publicly available by publishing it on the Register.

   Note 1: Other Australian laws provide that giving information to the Commissioner in accordance with this Act satisfies the reporting requirements of those laws.

   Note 2: Division 40 limits the information the Commissioner may publish on the Register.

(3) The requirements this Division places on a registered entity are proportional to the size of the registered entity.

(19) Clause 100 10, page 85 (line 26), at the end of subclause (3), add:

; and (d) setting out the effect of section 100 25 (prohibition on suspended responsible entity managing the registered entity); and

   (e) if the registered entity is a trust—setting out the effects of subsections 100 70(1) and (5) (former trustees' obligations relating to books, identification of property and transfer of property).

(20) Clause 100 15, page 87 (line 12), at the end of subclause (2), add:

; and (c) setting out the effect of section 100 25 (prohibition on removed responsible entity managing the registered entity); and

(d) if the registered entity is a trust—setting out the effects of subsections 100 70(1) and (5) (former trustees' obligations relating to books, identification of property and transfer of property).

(21) Clause 130 5, page 104 (line 12), at the end of subclause (2), add ", including how the ACNC has promoted the objects of this Act".

(22) Clause 130 5, page 104 (after line 12), at the end of subclause (2), add:

   Note: The objects of this Act include promoting the reduction of unnecessary regulatory obligations on the Australian not for profit sector (see subsection 15 5(1)).

(23) Clause 205 35, page 152 (line 29), at the end of paragraph (3A)(c), add "or any greater amount prescribed by the regulations for the purposes of subsection 205 25(1)".