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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Charities and Not-for-profits
Commission (Repeal) (No. 1) Bill 2014
No. , 2014
(Social Services)
A Bill for an Act to repeal the Australian Charities
and Not-for-profits Commission Act 2012, and for
related purposes
No. , 2014
Australian Charities and Not-for-profits Commission (Repeal) (No. 1)
Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Repeal etc.
3
Part 1--Repeal
3
Australian Charities and Not-for-profits Commission Act 2012
3
Part 2--Transitional provisions
4
Division 1--Introduction
4
Division 2--Transfer of other matters
4
Division 3--Reporting obligations
5
No. , 2014
Australian Charities and Not-for-profits Commission (Repeal) (No. 1)
Bill 2014
1
A Bill for an Act to repeal the Australian Charities
1
and Not-for-profits Commission Act 2012, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the
Australian Charities and
6
Not-for-profits
Commission
(Repeal)
(No. 1) Act 2014.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Australian Charities and Not-for-profits Commission (Repeal) (No. 1)
Bill 2014
No. , 2014
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
At the same time as Schedule 1 to the
Australian Charities and Not-for-profits
Commission (Repeal) (No. 2) Act 2014
commences.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Repeal etc. Schedule 1
Repeal Part 1
No. , 2014
Australian Charities and Not-for-profits Commission (Repeal) (No. 1)
Bill 2014
3
Schedule 1
--Repeal etc.
1
Part 1
--Repeal
2
Australian Charities and Not-for-profits Commission Act
3
2012
4
1 The whole of the Act
5
Repeal the Act.
6
Schedule 1 Repeal etc.
Part 2 Transitional provisions
4
Australian Charities and Not-for-profits Commission (Repeal) (No. 1)
Bill 2014
No. , 2014
Part 2
--Transitional provisions
1
Division 1
--Introduction
2
2 Definitions
3
In this Part:
4
ACNC means the Australian Charities and Not-for-profits Commission.
5
Chief Executive has the meaning given by the Financial Management
6
and Accountability Act 1997.
7
successor Agency has the meaning given by item 3.
8
transition time means the commencement of this Part.
9
3 Successor Agency
10
(1)
The successor Agency is the Agency specified in a determination under
11
subitem (2).
12
(2)
The Minister may, by legislative instrument, make a determination
13
specifying an Agency (within the meaning of the Financial
14
Management and Accountability Act 1997) for the purposes of
15
subitem (1).
16
Division 2
--Transfer of other matters
17
4 Transfer of records to the successor Agency
18
(1)
This item applies to any records or documents that were in the
19
possession of the ACNC immediately before the transition time.
20
(2)
The records and documents are to be transferred to the successor
21
Agency after the transition time.
22
Note:
The records and documents are Commonwealth records for the purposes of the Archives
23
Act 1983.
24
5 Transfer of Ombudsman investigations
25
If:
26
(a) before the transition time, a complaint was made to the
27
Ombudsman, or the Ombudsman began an investigation,
28
Repeal etc. Schedule 1
Transitional provisions Part 2
No. , 2014
Australian Charities and Not-for-profits Commission (Repeal) (No. 1)
Bill 2014
5
under the Ombudsman Act 1976 in relation to an action taken
1
by the ACNC; and
2
(b) immediately before the transition time, the Ombudsman had
3
not finally disposed of the matter in accordance with the
4
Ombudsman Act 1976;
5
the Ombudsman Act 1976 applies after the transition time as if that
6
action had been taken by the successor Agency.
7
6 Protection of information
8
If:
9
(a) before the transition time, information was disclosed to a
10
person for the purposes of the Australian Charities and
11
Not-for-profits Commission Act 2012; and
12
(b) immediately before the transition time, a person was subject
13
to a condition under Division 150 of that Act in relation to
14
the information disclosed;
15
the person continues to be subject to the condition after the transition
16
time.
17
Division 3
--Reporting obligations
18
7 Final annual report
--ACNC
19
(1)
The Chief Executive of the successor Agency must prepare and give to
20
the Minister, for presentation to the Parliament, a report on the
21
operations of the ACNC during the final reporting period.
22
(2)
The Chief Executive of the successor Agency must give the report to
23
the Minister within 3 months after the end of the final reporting period.
24
The Minister may grant an extension of time in special circumstances.
25
(3)
The Minister must table the report in each House of the Parliament as
26
soon as practicable.
27
(4)
The successor Agency must publish the report on the Department's
28
website as soon as practicable after the report is tabled in the House of
29
Representatives.
30
(5)
In this item:
31
final reporting period means the period:
32
Schedule 1 Repeal etc.
Part 2 Transitional provisions
6
Australian Charities and Not-for-profits Commission (Repeal) (No. 1)
Bill 2014
No. , 2014
(a) beginning:
1
(i) if, as at the transition time, no report under
2
section 130-5 of the Australian Charities and
3
Not-for-profits Commission Act 2012 relating to the last
4
financial year that ended before the transition time has
5
been given to the Minister--at the start of that financial
6
year; or
7
(ii) otherwise--at the start of the financial year in which the
8
transition time occurs; and
9
(b) ending immediately before the transition time.
10