Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Australian Charities and Not-for-profits Commission Regulation 2013
1 After paragraph 45 .15(2)(a)
Insert:
(aa) as a summary offence under an Australian law, and the offence relates to:
(i) entering or remaining on real or personal property; or
(ii) destroying or damaging real or personal property; or
(iii) appropriating personal property belonging to another entity; or
(iv) causing personal injury to an individual, or any other kind of impairment of an individual's health, including the risk or threat of causing such injury or impairment; or
2 At the end of subsection 45.15(2)
Add:
Note 4: When forming a reason able belief about compliance with a governance standard, such as whether an act or omission may be dealt with as described in paragraph (aa), the Commissioner may consult with a law enforcement agency or other relevant entity.
3 At the end of section 45.15
Add:
(3) A registered entity must maintain reasonable internal control procedures to ensure that its resources are neither used, nor continued to be used, to actively promote another entity's acts or omissions that may be dealt with as described in paragraph (2)(a), (aa) or (b).
Note: The internal control procedures could, for example, deal with:
(a) who can access or use the entity's funds, premises or social media accounts; or
(b) when using the entity's resources is improper; or
(c) relevant training for its responsible entities and employees.
(4) For the purposes of subsection (3), a registered entity's resources include:
(a) its funds; and
(b) its responsible entities, and employees, when acting in that capacity; and
(c) its websites, social media accounts and other publications;
but does not include any of its volunteers who are not one of its responsible entities.
4 At the end of the instrument
Add:
Part 3-1 -- Application, saving and transitional provisions
(1) The amendments made by the amending instrument apply in relation to acts or omissions occurring on or after the day the amending instrument commences.
(2) In this section:
"amending instrument " means the Australian Charities and Not-for-profits Commission Amendment (2021 Measures No. 2) Regulations 2021 .