Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 168, 2012
Compilation No. 8
Compilation date: 1 September 2021
Includes amendments up to: Act No. 13, 2021
Registered: 7 October 2021
About this compilation
This compilation
This is a compilation of the Australian Charities and Not-for-profits Commission Act 2012 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1--Introduction
Part 1-1--Preliminary
Division 5--Preliminary
5-5 Short title
5-10 Commencement
5-15 Crown to be bound
5-20 Extension to external Territories
Division 10--Guide to this Act
10-5 Guide to this Act
Part 1-2--Objects of this Act
Division 15--Objects of this Act
15-5 Objects of this Act
15-10 Commissioner to have regard to certain matters in exercising powers and functions
Chapter 2--Registration of not-for-profit entities
Part 2-1--Registration
Division 20--Object of this Part
20-5 Object of this Part
Division 25--Entitlement to registration
25-1 Simplified outline
25-5 Entitlement to registration
Division 30--Process of registration
30-1 Simplified outline
30-5 Application of this Division to various kinds of registration
30-10 Applying for registration
30-15 Dealing with an application for registration
30-20 Registration of entity
30-25 Notifying outcome of application for registration
30-30 Date of effect of registration
30-35 Review of refusal of registration
Division 35--Revoking registration
35-1 Simplified outline
35-5 Application of this Division to various kinds of registration
35-10 Revoking registration
35-15 Notice to registered entity to show cause
35-20 Review of revocation of registration
Part 2-2--Australian Charities and Not-for-profits Register
Division 40--Australian Charities and Not-for-profits Register
40-1 Simplified outline
40-5 Commissioner to maintain Australian Charities and Not -for-profits Register
40-10 Commissioner may withhold or remove information from Register
Chapter 3--Responsibilities of registered entities
Part 3-1--Governance standards and external conduct standards
Division 45--Governance standards
45-1 Simplified outline
45-5 Object of this Division
45-10 Regulations establishing governance standards
45-15 Consultation
45-20 Parliamentary scrutiny of standards
Division 50--External conduct standards
50-1 Simplified outline
50-5 Object of this Division
50-10 External conduct standards
50-15 Consultation
50-20 Parliamentary scrutiny of standards
Part 3-2--Record keeping and reporting
Division 55--Record keeping
55-1 Simplified outline
55-5 Registered entities must keep records
55-10 Recognised assessment activity
Division 60--Reporting
Subdivision 60-A--Overview
60-1 Simplified outline
Subdivision 60-AA--Object of this Division
60-3 Object of this Division
Subdivision 60-B--Annual information statements
60-5 Registered entities must give annual information statements
Subdivision 60-C--Annual financial reports
60-10 Medium and large registered entities must give annual financial reports
60-15 Requirements for annual financial reports
60-20 Medium registered entities must have annual financial reports audited or reviewed
60-25 Large registered entities must have annual financial reports audited
60-35 Audit or review to be conducted in accordance with auditing standards
60-40 Auditor's or reviewer's independence declaration
60-45 Auditor's report on annual financial report
60-50 Reviewer's report on annual financial report
60-55 Auditor or reviewer to be provided with information and assistance
60-60 Basic religious charities
Subdivision 60-D--Errors in information statements and financial reports
60-65 Errors in information statements and financial reports
Subdivision 60-E--Additional reporting requirements
60-70 Object of this Subdivision
60-75 Additional reporting requirements--particular registered entity
60-80 Additional reporting requirements--classes of registered entities
Subdivision 60-F--Substituted accounting periods
60-85 Commissioner may approve a different accounting period
60-90 Commissioner may impose conditions
Subdivision 60-G--Collective and joint reporting
60-95 Commissioner may approve collective or joint reporting by related entities
60-100 Commissioner may impose conditions
60-105 Treatment of reporting groups as small, medium or large registered entities
Part 3-3--Duty to notify
Division 65--Duty to notify
65-1 Simplified outline
65-5 Registered entities must notify Commissioner of certain matters
Chapter 4--Regulatory powers of the ACNC Commissioner
Part 4-1--Information gathering and monitoring powers
Division 70--Information gathering powers
70-1 Simplified outline
70-5 Commissioner may obtain information and documents
70-10 Commissioner may inspect and copy original documents
70-15 Commissioner may retain original documents
70-20 Commissioner may inspect and retain copies of documents
70-25 Self-incrimination
Division 75--Monitoring
Subdivision 75-A--Overview
75-1 Simplified outline
Subdivision 75-B--Application of this Division
75-5 Provisions subject to monitoring
75-10 Information subject to monitoring
Subdivision 75-C--Monitoring powers
75-15 ACNC officer may enter premises by consent or under a warrant
75-20 Monitoring powers of ACNC officers
75-25 Operating electronic equipment
75-30 Securing evidence of the contravention of a provision subject to monitoring
75-35 Individuals assisting ACNC officers
75-40 ACNC officer may ask questions and seek production of documents
Subdivision 75-D--Obligations and incidental powers of ACNC officers
75-45 Consent
75-50 Announcement before entry under warrant
75-55 ACNC officer to be in possession of warrant
75-60 Details of warrant etc. to be given to occupier
75-65 Expert assistance to operate electronic equipment
75-70 Compensation for damage to electronic equipment
Subdivision 75-E--Occupier's rights and responsibilities
75-75 Occupier entitled to observe execution of warrant
75-80 Occupier to provide ACNC officer with facilities and assistance
Subdivision 75-F--Monitoring warrants
75-85 Monitoring warrants
Subdivision 75-G--Powers of issuing officers
75-90 Powers of issuing officers
Subdivision 75-H--General provisions
75-95 Identity cards
Part 4-2--Enforcement powers
Division 80--Warnings
80-1 Simplified outline
80-5 Commissioner may issue formal warning
Division 85--Directions
Subdivision 85-A--Overview
85-1 Simplified outline
Subdivision 85-B--Commissioner's power to give directions
85-5 Commissioner may give directions in certain circumstances
85-10 Kinds of direction
85-15 Power to comply with directions
85-20 Variation and revocation of directions
85-25 Objections
Subdivision 85-C--Non-compliance with a direction
85-30 Non-compliance with a direction
Division 90--Enforceable undertakings
90-1 Simplified outline
90-5 Enforceable provisions
90-10 Acceptance of undertakings
90-15 Enforcement of undertakings
Division 95--Injunctions
95-1 Simplified outline
95-5 Enforceable provisions
95-10 Injunctions relating to federally regulated entity etc.
95-15 Grant of injunctions
95-20 Interim injunctions
95-25 Discharging or varying injunctions
95-30 Certain limits on granting injunctions not to apply
95-35 Court to take account of objects of this Act
95-40 Other powers of a court unaffected
Division 100--Suspension and removal of responsible entities
Subdivision 100-A--Overview
100-1 Simplified outline
Subdivision 100-B--Suspension and removal of responsible entities
100-5 Commissioner's exercise of power under this Subdivision
100-10 Suspension of responsible entities
100-15 Removal of responsible entities
100-20 Effect of suspension or removal--suspended or removed responsible entities must not be reappointed
100-25 Effect of suspension or removal--prohibition on managing the registered entity
Subdivision 100-C--Acting responsible entities
100-30 Appointment of acting responsible entities
100-35 Acting responsible entities of trusts with constitutional corporations as trustees
100-40 Terms and conditions of appointment of acting responsible entities
100-45 Termination of appointments of acting responsible entities
100-50 Resignation of acting responsible entities
100-55 Powers of acting responsible entities
100-60 Commissioner may give directions to acting responsible entities
Subdivision 100-D--Special provisions about acting trustees
100-65 Property vesting orders
100-70 Property vested in acting trustee--former trustees' obligations relating to books, identification of property and transfer of property
Chapter 5--The Australian Charities and Not-for-profits Commission
Part 5-1--The ACNC
Division 105--Establishment and function of the ACNC
105-5 Establishment
105-10 Constitution of the ACNC
105-15 Function of the ACNC
105-20 ACNC has privileges and immunities of the Crown
Part 5-2--The Commissioner
Division 110--Establishment, functions and powers of the Commissioner
110-5 Establishment
110-10 Assistance functions of Commissioner
110-15 Powers of Commissioner
110-20 Working with the Advisory Board
Division 115--Terms and conditions of appointment
115-5 Appointment
115-10 Term of appointment
115-15 Acting Commissioner
115-20 Remuneration
115-25 Leave of absence
115-30 Disclosure of interests
115-35 Outside employment
115-40 Other terms and conditions
115-45 Resignation
115-50 Termination of appointment
115-55 Delegation
Division 120--Staff and consultants
120-5 Staff
120-10 Consultants
Part 5-3--Finance and reporting requirements
Division 125--ACNC Special Account
125-5 ACNC Special Account
125-10 Credits to the account
125-15 Purposes of the account
Division 130--Annual report
130-5 Annual report
Chapter 6--The Advisory Board
Part 6-1--The Advisory Board
Division 135--Establishment, functions and powers
135-5 Establishment
135-10 Membership
135-15 Function and powers of Advisory Board
Division 140--Terms and conditions of appointment of members of the Advisory Board
140-5 Appointment
140-10 Term of appointment
140-15 Remuneration and allowances
140-20 Disclosure of interests
140-25 Other terms and conditions
140-30 Resignation
140-35 Termination of appointment
Division 145--Advisory Board procedures
145-5 Meetings of the Advisory Board
Chapter 7--Miscellaneous
Part 7-1--Secrecy
Division 150--Secrecy
Subdivision 150-A--Preliminary
150-5 Objects of this Division
150-10 Application of this Division to entities other than ACNC officers
150-15 Meaning of protected ACNC information
150-20 ACNC officer not required to provide information in certain cases
Subdivision 150-B--Disclosure of protected ACNC information by ACNC officers
150-25 Offence--disclosure or use of protected ACNC information
Subdivision 150-C--Authorised disclosure
150-30 Exception--disclosure in performance of duties under Act
150-35 Exception--disclosure on Register to achieve objects of this Act
150-40 Exception--disclosure to an Australian government agency
150-45 Exception--disclosure or use with consent
150-50 Exception--disclosure of information lawfully made available to the public
Subdivision 150-D--On-disclosure of protected ACNC information
150-55 Offence--on-disclosure of protected ACNC information
150-60 Exception--on-disclosure or use for the purpose of the original exception
150-65 Exception--on-disclosure of information lawfully made available to the public
Part 7-2--Review and appeals
Division 155--Preliminary
155-5 Application of this Part
155-10 Decisions covered by single notice to be treated as single decision
Division 160--Objections
160-5 How objections are to be made
160-10 When objection is to be made
160-15 Commissioner to decide objections
160-20 Entity may require Commissioner to make an objection decision
160-25 Entity may seek review of, or appeal against, Commissioner's decision
Division 165--AAT review of objection decisions and extension of time refusal decisions
165-5 Modified AAT Act to apply
165-10 Sections 27, 41 and 44A of the AAT Act not to apply to certain decisions
165-15 Modification of section 29 of the AAT Act
165-20 Modification of section 30 of the AAT Act
165-25 Modification of section 37 of the AAT Act
165-30 Modification of section 38 of the AAT Act
165-35 Modification of section 43 of the AAT Act
165-40 Grounds of objection and burden of proof
165-45 Implementation of Tribunal decisions
165-50 Pending review not to affect implementation of administrative decisions
165-55 Reviews may be combined
Division 170--Court appeals against objection decisions
170-5 Time limit for appeals
170-10 Grounds of objection and burden of proof
170-15 Order of court on objection decision
170-20 Implementation of court order in respect of objection decision
170-25 Pending appeal not to affect implementation of administrative decisions
170-30 Appeals may be combined
Part 7-3--Penalties
Division 175--Administrative penalties
Subdivision 175-A--Overview
175-1 Simplified outline
Subdivision 175-B--Penalties for statements
175-5 Application of this Subdivision to statements
175-10 Penalty for false or misleading statements
175-15 Amount of penalty
175-20 Base penalty amount
175-25 Increase in penalty
175-30 Reduction of penalty if entity voluntarily tells the Commissioner
Subdivision 175-C--Penalties for failing to lodge documents on time
175-35 Liability to penalty
175-40 Amount of penalty
Subdivision 175-D--Machinery provisions for administrative penalties
175-45 Scope of Subdivision
175-50 Notification of liability
175-55 Due date for penalty
175-60 Remission of penalty
175-65 General interest charge on unpaid penalty
175-70 Collection of penalty by Commissioner of Taxation
Part 7-4--Application of this Act to entities
Division 180--Obligations, liabilities and offences
Subdivision 180-A--Overview
180-1 Simplified outline
Subdivision 180-B--Unincorporated associations and bodies of persons
180-5 Obligations and liabilities
180-10 Offences
180-15 Offences--defences
Subdivision 180-C--Trusts
180-20 Obligations and liabilities
180-25 Offences
Subdivision 180-D--Bodies corporate
180-30 Liabilities
Subdivision 180-E--Rights of indemnity and contribution
180-35 Rights of indemnity and contribution
Part 7-5--Constitutional matters
Division 185--Constitutional matters
185-5 Concurrent operation of State and Territory laws
185-10 Compensation for acquisition of property
Part 7-6--Forms and regulations
Division 190--Requirements about giving material
Subdivision 190-A--Object of this Division
190-5 Object of this Division
Subdivision 190-B--General provisions
190-10 Approved forms
190-15 Commissioner may defer time for lodgement
190-20 Declaration by entity
190-25 Declaration by entity where agent gives document
190-30 Declaration by agent
190-35 Signing declarations
190-40 Returns etc. given by registered entities that can change the governing rules of other registered entities
Division 195--Address for service
195-5 Address for service
195-10 How documents may be given
Division 200--Regulations
200-5 Regulations
Chapter 8--Interpretation
Part 8-1--Core concepts
Division 205--Core concepts
Subdivision 205-A--Entities
205-5 Entities
205-10 Companies
205-15 Federally regulated entity
205-20 Constitutional corporation
Subdivision 205-B--Registered entities
205-25 Small, medium and large registered entities
205-30 Responsible entity
205-35 Basic religious charity
Subdivision 205-C--Other core concepts
205-40 Contribution
Part 8-2--Dictionary
Division 300--Dictionary
300-5 Dictionary
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Australian Charities and Not-for-profits Commission Act 2012 | 168, 2012 | 3 Dec 2012 | s 5-15 to 300-5: 3 Dec 2012 (s 5-10(1)) |
|
Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 | 169, 2012 | 3 Dec 2012 | Sch 4 (item 11): never commenced (s 2(1) item 14) | -- |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 1 (items 29, 30): 12 Apr 2013 (s 2(1)) | Sch 1 (item 30) |
Charities (Consequential Amendments and Transitional Provisions) Act 2013 | 96, 2013 | 28 June 2013 | Sch 1 (items 6-9): 1 Jan 2014 (s 2(1)) | -- |
60, 2015 | 26 May 2015 | Sch 8 (items 6-8) and Sch 9: 1 July 2015 (s 2(1) item 19) | Sch 9 | |
Tax and Superannuation Laws Amendment (2015 Measures No. 1) Act 2015 | 70, 2015 | 25 June 2015 | Sch 6 (items 65-81): 1 July 2014 (s 2(1) item 19) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items 39-42): 5 Mar 2016 (s 2(1) item 2) | -- |
Treasury Laws Amendment (2020 Measures No. 6) Act 2020 | 141, 2020 | 17 Dec 2020 | Sch 3: 17 Mar 2021 (s 2(1) item 5) | -- |
13, 2021 | 1 Mar 2021 | Sch 2 (item 72): 1 Sept 2021 (s 2(1) item 5) | -- |
Provision affected | How affected |
Chapter 2 |
|
Part 2-1 |
|
Division 25 |
|
s 25-5............. | am No 96, 2013 |
Chapter 3 |
|
Part 3-1 |
|
Division 45 |
|
s 45-15............ | am No 126, 2015 |
s 45-20............ | am No 126, 2015 |
Division 50 |
|
s 50-15............ | am No 126, 2015 |
s 50-20............ | am No 126, 2015 |
Part 3-2 |
|
Division 60 |
|
Subdivision 60-D |
|
s 60-65............ | am No 141, 2020 |
Subdivision 60-G |
|
s 60-95............ | am No 96, 2013 |
Chapter 5 |
|
Part 5-2 |
|
Division 110 |
|
s 110-15........... | am No 70, 2015 |
Division 115 |
|
s 115-30........... | rs No 70, 2015 |
s 115-50........... | am No 70, 2015 |
Part 5-3 |
|
Division 125 |
|
s 125-5............ | am No 70, 2015 |
s 125-10........... | am No 70, 2015 |
s 125-15........... | am No 70, 2015 |
Chapter 6 |
|
Part 6-1 |
|
Division 135 |
|
s 135-15........... | am No 70, 2015 |
Division 140 |
|
s 140-20........... | rs No 70, 2015 |
Division 145 |
|
s 145-5............ | am No 70, 2015 |
Chapter 7 |
|
Part 7-2 |
|
Division 165 |
|
s 165-15........... | am No 60, 2015 |
s 165-25........... | am No 60, 2015 |
Part 7-3 |
|
Division 175 |
|
Subdivision 175-D |
|
s 175-70........... | am No 70, 2015 |
Chapter 8 |
|
Part 8-1 |
|
Division 205 |
|
Subdivision 205-B |
|
s 205-35........... | am No 96, 2013; No 141, 2020 |
Part 8-2 |
|
Division 300 |
|
s 300-5............ | am No 13, 2013; No 70, 2015; No 13, 2021 |