Commonwealth Consolidated Acts

AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 65.5

  (1)   A registered entity must notify the Commissioner in the approved form if any of the following circumstances exist :

  (a)   its name has changed;

  (b)   its a ddress for service has changed;

  (c)   an entity has ceased to be, or has become, a responsible e ntity of the registered entity;

  (d)   its governing rules have changed;

  ( e )   the circumstan ces described in subsection   ( 2) .

Note:   Section   175 - 35 provides for an administrative penalty for failing to give the Commissioner a notice required by this Act within the required time.

  (2)   For the purposes of paragraph   ( 1)( e ), the circumstances exist if:

  (a)   the registered entity:

  (i)   has contravened a provision of this Act; or

  (ii)   has not complied with a governance standard or external conduct standard; and

  (b)   the contravention or non - compliance is significant (see subsection   ( 3) ) ; and

  (c)   as a result of the contravention or non - compliance, any of the following apply:

  (i)   the registered entity is no longer entitled to be registered as a type of entity under Division   25 ;

  (ii)   the registered entity is no longer entitled to be registered as a subtype of entity under Division   25 .

  (3)   For the purposes of paragraph   ( 2)(b), in determining whether the contravention or non - compliance is significant, take account of the following matters :

  (a)   the nature, significance and persistence of any contravention or non - compliance;

  (b)   the desirability of ensuring that contributions (see section   205 - 40 ) to the registered entity are applied consistently with the not - for - profit nature, and the purpose, of the registered entity .

  ( 4 )   The notification must be given:

  (a)   as soon as practicable; and

  (b)   subject to paragraph   ( c)-- no later than 28 days after the registered entity first becomes aware of the circumstances mentioned in subsection   ( 1); and

  (c)   if the registered entity is a small registered entity and the notification relates only to circumstances mentioned in paragraph   ( 1)(a), (b) , (c) or (d )--no later than 60 days after the registered entity first becomes aware of th os e circumstances.

  (5)   To avoid doubt, 2 or more notifications may be included in the same document.