Commonwealth Consolidated Acts

AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 40.5

Information

  (1)   The Commissioner is to maintain a register (known as the Australian Charities and Not - for - profits Register) in which the Commissioner includes the following information :

  ( a )   the following information in respect of each registered entity:

  (i)   the entity's name;

  (ii)   the entity's contact details (including its address for service);

  ( iii )   the entity's ABN;

  (iv)   the type of entity as which it is registered or has been registered ;

  (v )   each subtype of entity (if any) as which it is registered or has been registered ;

  (vi )   the date of effec t of each such registration;

  (vii)   the entity's govern ing rules;

  ( b )   the following information in respect of each former registered entity:

  (i)   the entity's name;

  (ii)   the entity's ABN;

  (i ii )   the type of entity as which it was registered;

  ( i v )   each subtype of entity (if any) as which it was registered;

  (v )   the date of effec t of each such registration;

  (vi)   the entity's governing rules;

  (c)   the following details in respect of each responsible entity of each registered entity:

  (i)   the name of each responsible entity;

  (i i )   the position held by the responsible entity in relation to the registered entity;

  ( d )   information statements given by registered entit ies under Division   60 (except to the extent (if any) that information in a n information statement is classified , in the approved form mentioned in section   60 - 5, as " not for publication " ) ;

  (e )   financial reports, and any audit or review reports, given by registered entities under Division   60 ;

  (f )   the details of the following matters (including a summary of why the matter arose, details regarding any response by the relevant registered entity and the resolution (if any) of the matter) :

  (i)   each warning issued to a registered entity by the Commissioner under Division   80 ;

  (ii)   each direction issued to a registered entity by the Commissioner under Division   85 ;

  (iii)   each undertaking given by a registered entity and accepted by the Commissioner under Division   90 ;

  (iv)   each injunction (including interim injunctions) made under Division   95 ;

  (v)   each suspension or removal made under Division   100 ;

  (g )   any other information :

  (i)   that the Commissioner is authorised to collect under a provision of this Act; and

  (ii)   that is specified in the regulations .

Note:   R egulations made for the purposes of subsection   40 - 10(1) may provide that the Commissioner must not include information on the Register in certain circumstances .

  (2)   The Commissioner must not include the information mentioned in paragraph   ( 1)(f) before the end of 14 days after the day the warning or direction is issued, the undertaking is given, the injunction is made or the suspension or removal occur s , unless the Commissioner considers that the public interest requires the information to be included earlier.

Register to be maintained by electronic means

  ( 3 )   The Register is to be maintained by electronic means.

  ( 4 )   The Register is to be made available for public inspection on the internet.

Note:   See section   150 - 35 for limitations on including personal information on the Register.