Commonwealth Numbered Regulations

AUSTRALIAN EDUCATION REGULATIONS 2023 (F2023L01020) - REG 26

                   For the purposes of paragraph 130(2)(b) of the Act, the matters that the Minister may have regard to for the purposes of determining whether a person satisfies the requirement in subsection 75(3), 84(3) or 92(3) of the Act are:

                     (a)  whether the person has not-for-profit status under a law of the Commonwealth, a State or a Territory; and

                     (b)  whether:

                              (i)  the person has financial policies and practices for a school in relation to which the person has applied to be an approved authority, block grant authority or non-government representative body; and

                             (ii)  if so, the quality of those policies and practices; and

                     (c)  whether money derived from or relating to a school in relation to which the person has applied to be the approved authority, block grant authority or non-government representative body:

                              (i)  has been applied for the purposes of the school or for the purposes of the functions of the authority or body; or

                             (ii)  has been distributed (whether directly or indirectly) to an owner of the authority or body or any other person; and

                     (d)  if the person is a body corporate--the requirements in any legislation under which the person is established, or in the person's constitution.

Note:          A law of the Commonwealth under which a person may have not-for-profit status is the Australian Charities and Not-for-profits Commission Act 2012 .