Australian Charities and Not-for-profits Commission Act 2012 (Cth)

Australian Charities and Not‑for‑profits Commission Act 2012

No. 168, 2012

Compilation No. 10

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

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 21 February 2025 (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 Register ( 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

An Act to establish the Australian Charities and Not‑for‑profits Commission and a national regulatory framework for the not‑for‑profit sector, and for related purposes

Preamble

The Parliament of Australia recognises the unique nature and diversity of not‑for‑profit entities and the distinctive role that they play in Australia.

Not‑for‑profit entities promote a broad range of community, altruistic and philanthropic purposes. The not‑for‑profit sector delivers vital services and benefits to communities throughout Australia.

The not‑for‑profit sector receives a range of funding, including donations from members of the public and tax concessions, grants and other support from Australian governments.

It is important that a national regulatory system that promotes good governance, accountability and transparency for not‑for‑profit entities be introduced to maintain, protect and enhance public trust and confidence in the not‑for‑profit sector.

It is therefore necessary to establish a Commissioner of the Australian Charities and Not‑for‑profits Commission who will focus on the not‑for‑profit sector and will recognise and respond to the diversity and uniqueness of the sector.

The Parliament of Australia enacts:

Chapter 1IntroductionPart 1‑1PreliminaryDivision 5Preliminary

5‑5Short title

This Act may be cited as the Australian Charities and Not‑for‑profits Commission Act 2012.

5‑10Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 5‑5 and 5‑10 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	3 December 2012
2. Sections 5‑15 to 300‑5	The later of: (a) 1 October 2012; and (b) the day the Australian Charities and Not‑for‑profits Commission (Consequential and Transitional) Act 2012 receives the Royal Assent. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.	3 December 2012

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

1. (2)

   Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

5‑15Crown to be bound

1. (1)

   This Act binds the Crown in each of its capacities.

2. (2)

   This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

5‑20Extension to external Territories

This Act extends to every external Territory.

Division 10Guide to this Act

10‑5Guide to this Act

The following is a guide to this Act:

This Act establishes a regulatory system for not‑for‑profit entities.

This Act establishes a national regulator for not‑for‑profit entities. The regulator is the Commissioner of the Australian Charities and Not‑for‑profits Commission (the ACNC).

The Commissioner is responsible for registering entities as not‑for‑profit entities according to their type and subtypes. Registration with the ACNC is a necessary precondition for access to certain Commonwealth taxation concessions. Registration under this Act may also be a prerequisite for other exemptions, benefits and concessions provided under other Australian laws.

The Commissioner of the ACNC will cooperate with other government agencies to oversee a simplified and streamlined regulatory framework for not‑for‑profit entities.

The Commissioner of the ACNC will provide information to help the public understand the work of the not‑for‑profit sector and to support the transparency and accountability of the sector.

Part 1‑2Objects of this ActDivision 15Objects of this Act

15‑5Objects of this Act

1. (1)

   The objects of this Act are:

   1. (a)

      to maintain, protect and enhance public trust and confidence in the Australian not‑for‑profit sector; and

   2. (b)

      to support and sustain a robust, vibrant, independent and innovative Australian not‑for‑profit sector; and

   3. (c)

      to promote the reduction of unnecessary regulatory obligations on the Australian not‑for‑profit sector.

2. (2)

   This Act achieves those objects by:

   1. (a)

      establishing a national regulatory framework for not‑for‑profit entities that reflects the unique structures, funding arrangements and goals of such entities; and

   2. (b)

      establishing the Commissioner of the Australian Charities and Not‑for‑profits Commission, who will:

      1. (i)

         be responsible for registering entities as not‑for‑profit entities according to their type and subtypes; and

      2. (ii)

         administer the national regulatory framework; and

      3. (iii)

         assist registered entities in complying with and understanding this Act, by providing them with guidance and education.

3. (3)

   Registration is a prerequisite for an entity to access certain Commonwealth tax concessions.

4. (4)

   Registration under this Act may also be a prerequisite for other exemptions, benefits and concessions provided under other Australian laws.

15‑10Commissioner to have regard to certain matters in exercising powers and functions

In performing his or her functions and exercising his or her powers, the Commissioner must have regard to the following:

1. (a)

   the maintenance, protection and enhancement of public trust and confidence in the not‑for‑profit sector;

2. (b)

   the need for transparency and accountability of the not‑for‑profit sector to the public (including donors, members and volunteers of registered entities) by ensuring the public has access to information about not‑for‑profit entities;

3. (c)

   the benefits gained from providing information to the public about not‑for‑profit entities;

4. (d)

   the maintenance and promotion of the effectiveness and sustainability of the not‑for‑profit sector;

5. (e)

   the following principles:

   1. (i)

      the principle of regulatory necessity;

   2. (ii)

      the principle of reflecting risk;

   3. (iii)

      the principle of proportionate regulation;

6. (f)

   the need for the Commissioner:

   1. (i)

      to cooperate with other Australian government agencies; and

   2. (ii)

      to administer effectively the laws that confer functions and powers on the Commissioner;

(including in order to minimise procedural requirements and procedural duplication);

1. (g)

   the benefits gained from assisting registered entities in complying with and understanding this Act, by providing them with guidance and education;

(h) the unique nature and diversity of not‑for‑profit entities and the distinctive role that they play in Australia.

Chapter 2Registration of not‑for‑profit entitiesPart 2‑1RegistrationDivision 20Object of this Part

20‑5Object of this Part

Tax concessions

1. (1)

   This Part provides for the Commissioner to register entities as particular types and subtypes of not‑for‑profit entities. It also provides for the Commissioner to revoke the registration of registered entities.

2. (2)

   Such registration is a prerequisite for an entity to access certain Commonwealth tax concessions. The object of this Part is to ensure that these tax concessions are available only to entities that are governed and regulated in accordance with this Act.

Other concessions

1. (3)

   Registration under this Act may also be a prerequisite for other exemptions, benefits and concessions provided under other Australian laws.

Division 25Entitlement to registration

25‑1Simplified outline

The following is a simplified outline of this Division:

A not‑for‑profit entity is entitled to registration under this Act as a type of entity if certain conditions are satisfied.

A not‑for‑profit entity is entitled to registration under this Act as a subtype of entity if certain conditions are satisfied (including that the entity is registered as a type of entity).

25‑5Entitlement to registration

1. (1)

   An entity is entitled to registration as a type of entity if:

   1. (a)

      it meets the conditions in subsection (3); and

   2. (b)

      it meets the description of that type of entity in column 1 of the table in subsection (5); and

   3. (c)

      if the entity has previously been a registered entity, but its registration as a type of entity has been revoked—the Commissioner is satisfied that the matters which led to the revocation have been dealt with such that the registration of the entity would not conflict with the objects of this Act.

      Note: Registration of an entity mentioned in paragraph (c) has effect from the time of registration (see section 30‑30). It does not rescind the revocation of the previous registration.

2. (2)

   An entity is entitled to registration as a subtype of entity if:

   1. (a)

      it meets the conditions in subsection (3); and

   2. (b)

      it meets the description of that subtype of entity in column 2 of the table in subsection (5); and

   3. (c)

      it is entitled to registration as the type of entity that corresponds to that subtype of entity (as set out in that table); and

   4. (d)

      it is registered as that type of entity.

3. (3)

   The conditions are as follows:

   1. (a)

      the entity is a not‑for‑profit entity;

   2. (b)

      the entity is in compliance with the governance standards and external conduct standards (see Part 3‑1);

   3. (c)

      the entity has an ABN;

   4. (d)

      the entity is not covered by a decision in writing made by an Australian government agency (including a judicial officer) under an Australian law that provides for entities to be characterised on the basis of them engaging in, or supporting, terrorist or other criminal activities.

4. (4)

   To avoid doubt, an entity may be entitled to registration as more than one subtype of entity.

   Note: An entity could be registered as an entity with a purpose of advancing social or public welfare, and also be registered as a public benevolent institution.

5. (5)

   The table is as follows:

Entitlement to registration
Item	Column 1 Type of entity	Column 2 Corresponding subtype of entity
1	Charity	Entity with a purpose to which paragraph (a) of the definition of charitable purpose in subsection 12(1) of the Charities Act 2013 applies (advancing health)
2	Entity with a purpose to which paragraph (b) of the definition of charitable purpose in subsection 12(1) of the Charities Act 2013 applies (advancing education)
3	Entity with a purpose to which paragraph (c) of the definition of charitable purpose in subsection 12(1) of the Charities Act 2013 applies (advancing social or public welfare)
4	Entity with a purpose to which paragraph (d) of the definition of charitable purpose in subsection 12(1) of the Charities Act 2013 applies (advancing religion)
5	Entity with a purpose to which paragraph (e) of the definition of charitable purpose in subsection 12(1) of the Charities Act 2013 applies (advancing culture)
6	Entity with a purpose to which paragraph (f) of the definition of charitable purpose in subsection 12(1) of the Charities Act 2013 applies (promoting reconciliation, mutual respect and tolerance between groups of individuals that are in Australia)
7	Entity with a purpose to which paragraph (g) of the definition of charitable purpose in subsection 12(1) of the Charities Act 2013 applies (promoting or protecting human rights)
8	Entity with a purpose to which paragraph (h) of the definition of charitable purpose in subsection 12(1) of the Charities Act 2013 applies (advancing the security or safety of Australia or the Australian public)
9	Entity with a purpose to which paragraph (i) of the definition of charitable purpose in subsection 12(1) of the Charities Act 2013 applies (preventing or relieving the suffering of animals)
10	Entity with a purpose to which paragraph (j) of the definition of charitable purpose in subsection 12(1) of the Charities Act 2013 applies (advancing the natural environment)
11	Entity with a purpose to which paragraph (k) of the definition of charitable purpose in subsection 12(1) of the Charities Act 2013 applies (purposes beneficial to the general public and analogous to the other charitable purposes)
12	Entity with a purpose to which paragraph (l) of the definition of charitable purpose in subsection 12(1) of the Charities Act 2013 applies (advancing public debate)
13	Institution whose principal activity is to promote the prevention or the control of diseases in human beings
14	Public benevolent institution

Note 1: For the definition of charity, see the Charities Act 2013.

Note 2: An entity commonly known as a health promotion charity could be an entity described in column 2 of item 13 of the table (institution whose principal activity is to promote the prevention or the control of diseases in human beings).

Trusts

1. (6)

   Section 18 of the Charities Act 2013 (Cy pres and similar schemes) applies:

   1. (a)

      for the purposes of this Act; or

   2. (b)

      for the purposes of determining whether an entity meets the description of a type or subtype of entity in the table in subsection (5) of this section;

in the same way as that section 18 applies for the purposes of that Act.

Division 30Process of registration

30‑1Simplified outline

The following is a simplified outline of this Division:

This Division outlines the process for the registration of entities as a type and subtypes.

The Commissioner must register an entity if the entity applies in the approved form, is entitled to registration and has given the Commissioner all necessary information and documents.

30‑5Application of this Division to various kinds of registration

This Division applies separately in relation to each of the following kinds of registration:

1. (a)

   registration as a type of entity;

2. (b)

   registration as a subtype of entity.

30‑10Applying for registration

1. (1)

   An entity may apply to the Commissioner for registration.

2. (2)

   The application must be in the approved form.

30‑15Dealing with an application for registration

Requiring further information or documents

1. (1)

   The Commissioner may require an applicant to give the Commissioner specified information, or a specified document, that the Commissioner needs in order to decide whether the applicant is entitled to registration.

Treating application as being refused

1. (2)

   After the time worked out under subsection (3), the applicant may give the Commissioner, in the approved form, written notice that the applicant wishes to treat the application as having been refused, if the Commissioner has not given the applicant before that time written notice that the Commissioner has registered or has refused to register the applicant.

   Note: Section 30‑25 requires the Commissioner to give the applicant written notice if the Commissioner has registered or has refused to register the applicant.

2. (3)

   The time is the end of the 60th day after the application was made. However, if before that time the Commissioner requires the applicant under subsection (1) to give information or a document, the time is the later of the following (or either of them if they are the same):

   1. (a)

      the end of the 28th day after the last day on which the applicant gives the Commissioner information or a document that the Commissioner has required under subsection (1);

   2. (b)

      the end of the 60th day after the application was made.

3. (4)

   If the applicant gives notice under subsection (2), section 30‑35 operates as if the Commissioner refuses the application on the day on which the notice is given.

   Note: Section 30‑35 lets the applicant object against refusal of an application in the manner set out in Part 7‑2.

30‑20Registration of entity

The Commissioner must register the applicant if:

1. (a)

   the application is in the approved form; and

2. (b)

   if the Commissioner has required the applicant under subsection 30‑15(1) to give information or a document—the applicant has given the Commissioner that information or document; and

3. (c)

   the applicant is entitled to registration under Division 25.

30‑25Notifying outcome of application for registration

The Commissioner must give the applicant written notice if:

1. (a)

   the Commissioner registers the applicant; or

2. (b)

   the Commissioner refuses to register the applicant.

30‑30Date of effect of registration

The registration has effect from a date specified by the Commissioner.

30‑35Review of refusal of registration

If the applicant is dissatisfied with the Commissioner’s refusal to register the applicant in accordance with the application, the applicant may object against the refusal in the manner set out in Part 7‑2.

Division 35Revoking registration

35‑1Simplified outline

The following is a simplified outline of this Division:

The Commissioner may revoke an entity’s registration under this Act if the Commissioner reasonably believes that any of certain conditions exist. These conditions include the following:

1. (a)

   the entity not being entitled to registration;

2. (b)

   the entity contravening this Act or not complying with a governance standard or external conduct standard;

3. (c)

   the entity providing information that was false or misleading in a material particular in its application for registration;

4. (d)

   the entity requesting that the Commissioner revoke the registration.

The Commissioner must consider a range of factors before revoking a registered entity’s registration under this Act.

If the Commissioner believes on reasonable grounds that a registered entity is not entitled to be registered, the Commissioner may give a show cause notice to the entity.

35‑5Application of this Division to various kinds of registration

1. (1)

   This Division applies separately in relation to each of the following kinds of registration:

   1. (a)

      registration as a type of entity;

   2. (b)

      registration as a subtype of entity.

2. (2)

   However, the Commissioner must revoke a registered entity’s registration as a subtype of entity if the Commissioner revokes the entity’s registration as the type of entity that corresponds to that subtype (as set out in the table in subsection 25‑5(5)).

35‑10Revoking registration

1. (1)

   The Commissioner may revoke the registration of a registered entity if the Commissioner reasonably believes that any of the following conditions are met:

   1. (a)

      at any time after the date of effect of the registration, the entity is or was not entitled to registration;

   2. (b)

      the registered entity provided, in connection with its application for registration, information that was false or misleading in a material particular;

   3. (c)

      at any time after the date of effect of the registration:

      1. (i)

         the registered entity has contravened a provision of this Act, or it is more likely than not that the registered entity will contravene a provision of this Act; or

1. 1. 1. (ii)

         the registered entity has not complied with a governance standard or external conduct standard, or it is more likely than not that the registered entity will not comply with such a standard;

   2. (d)

      the registered entity has:

      1. (i)

         a trustee in bankruptcy; or

      2. (ii)

         a liquidator; or

      3. (iii)

         a person appointed, or authorised, under an Australian law to manage the affairs of the entity because it is unable to pay all its debts as and when they become due and payable;

   3. (e)

      the registered entity has made a request to the Commissioner, in the approved form, that the Commissioner revoke the registration.

2. (2)

   In deciding whether to revoke the registration of an entity the Commissioner must take account of the following matters:

   1. (a)

      the nature, significance and persistence of any contravention of this Act or non‑compliance with a governance standard or external conduct standard (or any such contravention or non‑compliance that is more likely than not) by the registered entity;

   2. (b)

      what action the Commissioner, the registered entity, or any of the responsible entities of the registered entity, could take or have taken:

      1. (i)

         to address any such contravention or non‑compliance (or prevent any such contravention or non‑compliance that is more likely than not); or

      2. (ii)

         to prevent any similar contravention or non‑compliance;

   3. (c)

      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. (d)

      the objects of any Commonwealth laws that refer to registration under this Act;

   5. (e)

      the extent (if any) to which the registered entity is conducting its affairs in a way that may cause harm to, or jeopardise, the public trust and confidence in the not‑for‑profit sector mentioned in subsection 15‑5(1) (Objects of this Act);

   6. (f)

      the welfare of members of the community (if any) that receive direct benefits from the registered entity;

   7. (g)

      any other matter that the Commissioner considers relevant.

3. (3)

   The revocation must specify the day on which the entity’s registration is taken to be revoked. The specified day must be:

   1. (a)

      if the reason for the revocation is that the entity is not entitled to registration:

      1. (i)

         the day on which the entity first ceased to be entitled; or

      2. (ii)

         a later day; or

   2. (b)

      if the reason for the revocation is that the entity provided, in connection with its application for registration, information that was false or misleading in a material particular:

      1. (i)

         the day on which the registration took effect; or

      2. (ii)

         a later day; or

   3. (c)

      otherwise:

      1. (i)

         the day on which the revocation is made; or

      2. (ii)

         a later day.

4. (4)

   The Commissioner must give the entity written notice within 14 days if the Commissioner revokes its registration.

35‑15Notice to registered entity to show cause

1. (1)

   Before revoking the registration, the Commissioner must give a written notice (a show cause notice) to the registered entity.

2. (2)

   The show cause notice must:

   1. (a)

      state the grounds on which the Commissioner proposes to revoke the registration; and

   2. (b)

      invite the registered entity to give the Commissioner, within 28 days after the day the notice is given, a written statement showing cause why the Commissioner should not revoke the registration.

3. (3)

   This section does not apply if the Commissioner believes, on reasonable grounds and taking into account the matters mentioned in subsection 35‑10(2), that it would be appropriate for the Commissioner to revoke the registration without giving a show cause notice to the registered entity.

35‑20Review of revocation of registration

If the entity is dissatisfied with the revocation of its registration or a decision by the Commissioner to not revoke the entity’s registration, the entity may object against the revocation or decision in the manner set out in Part 7‑2.

Part 2‑2Australian Charities and Not‑for‑profits RegisterDivision 40Australian Charities and Not‑for‑profits Register

40‑1Simplified outline

The following is a simplified outline of this Division:

This Division provides for the Australian Charities and Not‑for‑profits Register. The Register contains information about each registered entity and each former registered entity.

The Commissioner must publish the Register on the internet, but may, subject to the public interest, withhold certain information from such publication.

40‑5Commissioner to maintain Australian Charities and Not‑for‑profits Register

Information

1. (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:

   1. (a)

      the following information in respect of each registered entity:

      1. (i)

         the entity’s name;

      2. (ii)

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

      3. (iii)

         the entity’s ABN;

      4. (iv)

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

      5. (v)

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

      6. (vi)

         the date of effect of each such registration;

      7. (vii)

         the entity’s governing rules;

   2. (b)

      the following information in respect of each former registered entity:

      1. (i)

         the entity’s name;

      2. (ii)

         the entity’s ABN;

      3. (iii)

         the type of entity as which it was registered;

      4. (iv)

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

      5. (v)

         the date of effect of each such registration;

      6. (vi)

         the entity’s governing rules;

   3. (c)

      the following details in respect of each responsible entity of each registered entity:

      1. (i)

         the name of each responsible entity;

      2. (ii)

         the position held by the responsible entity in relation to the registered entity;

   4. (d)

      information statements given by registered entities under Division 60 (except to the extent (if any) that information in an information statement is classified, in the approved form mentioned in section 60‑5, as “not for publication”);

   5. (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):

   1. (i)

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

   2. (ii)

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

   3. (iii)

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

   4. (iv)

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

   5. (v)

      each suspension or removal made under Division 100;

   1. (g)

      any other information:

      1. (i)

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

      2. (ii)

         that is specified in the regulations.

   Note: Regulations 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. (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 occurs, unless the Commissioner considers that the public interest requires the information to be included earlier.

Register to be maintained by electronic means

1. (3)

   The Register is to be maintained by electronic means.

2. (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.

40‑10Commissioner may withhold or remove information from Register

1. (1)

   Regulations made for the purposes of this subsection may provide that the Commissioner must not include information on the Register, or must remove information from the Register, in prescribed circumstances.

2. (2)

   The Commissioner may decline to include information on the Register, or may remove information from the Register, if the Commissioner considers that any of the following circumstances exist:

   1. (a)

      the information:

      1. (i)

         is commercially sensitive; and

      2. (ii)

         has the potential to cause detriment to the registered entity (or former registered entity) to which it relates, or to an individual;

   2. (b)

      the information is inaccurate, is likely to cause confusion or is likely to mislead the public;

   3. (c)

      the information is likely to offend a reasonable individual;

   4. (d)

      the information could endanger public safety;

   5. (da)

      all of the following subparagraphs apply:

      1. (i)

         the information is the details of a warning issued to a registered entity by the Commissioner under Division 80, as mentioned in paragraph 40‑5(1)(f);

      2. (ii)

         the information has the potential to cause detriment to the entity, or to an individual;

      3. (iii)

         the contravention, likely contravention, non‑compliance or likely non‑compliance mentioned in subsection 80‑5(1) was not, or would not be, in bad faith;

      4. (iv)

         the contravention, likely contravention, non‑compliance or likely non‑compliance has been dealt with, or prevented, such that declining to include the information, or removing the information, would not conflict with the objects of this Act;

   6. (e)

      any circumstances prescribed by the regulations for the purposes of this paragraph.

3. (3)

   However, the Commissioner may include the information on the Register, or decline to remove information from the Register, if the Commissioner considers that the public interest in the Register including the information outweighs the likely adverse effect of the relevant circumstance or circumstances set out in paragraphs (2)(a) to (e).

4. (4)

   The Commissioner may remove information mentioned in paragraph 40‑5(1)(f) from the Register if:

   1. (a)

      the information has been on the Register for more than 5 years; and

   2. (b)

      the Commissioner considers that the public interest does not require the information to be retained on the Register.

Chapter 3Responsibilities of registered entitiesPart 3‑1Governance standards and external conduct standardsDivision 45Governance standards

45‑1Simplified outline

The following is a simplified outline of this Division:

This Division sets up a system to allow the creation of minimum governance standards that entities are required to meet (in order to become registered, and on an ongoing basis). These governance standards are to be set out in the regulations.

Compliance with the governance standards is a condition of entitlement to registration under paragraph 25‑5(3)(b).

The object of the system setting up the standards is to provide a minimum level of confidence that registered entities will promote the effective and efficient use of their resources, will meet community expectations about managing their affairs and the use of public money, volunteer time and donations, and will minimise the risk of mismanagement and misappropriation.

45‑5Object of this Division

1. (1)

   The object of this Division is to promote the objects of this Act by giving the public (including donors, members and volunteers of registered entities) confidence that registered entities:

   1. (a)

      manage their affairs openly, accountably and transparently; and

   2. (b)

      use their resources (including contributions and donations) effectively and efficiently; and

   3. (c)

      minimise the risk of mismanagement and misappropriation; and

   4. (d)

      pursue their purposes.

   Note: The objects of this Act include supporting and sustaining a robust, vibrant, independent and innovative Australian not‑for‑profit sector (see subsection 15‑5(1)).

2. (2)

   This Division achieves that object by setting up a system to allow the regulations to specify standards with which an entity must comply in order to become registered under this Act, and to remain entitled to be registered under this Act.

   Note 1: The main consequence of failure to comply with these standards is a loss of the entity’s entitlement to registration. If the entity is a federally regulated entity, such a failure to comply may also result in enforcement action under Chapter 4.

   Note 2: For the consequences of registration, see section 20‑5.

   Note 3: A registered entity must notify the Commissioner of significant non‑compliance with these standards that results in the entity no longer being entitled to be registered (see section 65‑5).

45‑10Regulations establishing governance standards

1. (1)

   The regulations may specify standards (the governance standards) with which an entity must comply in order to become registered under this Act, and to remain entitled to be registered under this Act.

2. (2)

   Without limiting the scope of subsection (1), those standards may:

   1. (a)

      require the entity to ensure that its governing rules provide for a specified matter; or

   2. (b)

      require the entity to achieve specified outcomes and:

      1. (i)

         not specify how the entity is to achieve those outcomes; or

      2. (ii)

         specify principles as to how the entity is to achieve those outcomes; or

   3. (c)

      require the entity to establish and maintain processes for the purpose of ensuring specified matters.

3. (2A)

   Without limiting subparagraph (2)(b)(ii), the principles mentioned in that subparagraph may reflect the size of the entity, the amount and nature of contributions to the entity and the nature of the activities undertaken by the entity in pursuit of its purposes.

4. (3)

   Without limiting the scope of subsection (1), those standards may provide that specified requirements do not apply to specified kinds of entity.

5. (4)

   Without limiting the scope of subsection (1), those standards may provide that different requirements apply to different kinds of entity.

Basic religious charities

1. (5)

   The regulations must not require a registered entity to do, or not to do, a thing (including the things mentioned in subsection (2)) if the registered entity is a basic religious charity.

Political advocacy

1. (6)

   The regulations must not require an entity not to comment on, or advocate support for, a change to any matter established by law, policy or practice in the Commonwealth, a State, a Territory or another country, if:

   1. (a)

      the comment or advocacy furthers, or is in aid of, the purpose of the entity; and

   2. (b)

      the comment or advocacy is lawful.

45‑15Consultation

1. (1)

   Before the Governor‑General makes a regulation for the purposes of subsection 45‑10(1), the Minister must be satisfied that:

   1. (a)

      appropriate consultation has been undertaken with:

      1. (i)

         the not‑for‑profit sector (such as through entities that represent parts of the sector); and

      2. (ii)

         entities having expertise in fields relevant to the proposed regulation; and

      3. (iii)

         entities likely to be affected by the proposed regulation; and

      4. (iv)

         the Commissioner; and

   2. (b)

      relevant input received as part of that consultation has been taken into account adequately.

2. (2)

   Without limiting, by implication, the form that consultation mentioned in paragraph (1)(a) might take, consultation to which all of the following paragraphs apply is appropriate consultation:

   1. (a)

      the consultation involves consultation with the public;

   2. (b)

      the consultation involves:

      1. (i)

         notifying, directly and by advertisement, the entities mentioned in paragraph (1)(a) of the consultation; and

      2. (ii)

         inviting them to make submissions by a specified date and, where necessary, to participate in public hearings to be held concerning the proposed regulation;

   3. (c)

      the consultation is facilitated by the Commissioner.

3. (3)

   The fact that consultation does not occur, or that input is not taken into account, does not affect the validity or enforceability of the regulation.

4. (4)

   Section 17 (consultation) of the Legislation Act 2003 does not apply to a regulation proposed to be made for the purposes of subsection 45‑10(1) of this Act.

45‑20Parliamentary scrutiny of standards

Despite subsection 12(1) of the Legislation Act 2003, a provision of a regulation made for the purposes of subsection 45‑10(1) of this Act does not commence until the day after the earlier of:

1. (a)

   if both Houses of the Parliament pass a resolution approving the provision—the day the resolution is passed by the second House to do so; and

2. (b)

   the last day on which the regulation could be disallowed in either House, unless:

   1. (i)

      the regulation is disallowed; or

   2. (ii)

      either House passes a resolution disapproving the provision;

on or before that day.

Division 50External conduct standards

50‑1Simplified outline

The following is a simplified outline of this Division:

This Division sets up a system to allow the creation of minimum external conduct standards that entities are required to meet (in order to become registered, and on an ongoing basis). These external conduct standards are to be set out in the regulations and must deal only with:

1. (a)

   matters external to Australia; or

2. (b)

   matters not external to Australia but that are closely related to, or have or will have a significant impact on, entities, things or matters external to Australia.

Compliance with the external conduct standards is a condition of entitlement to registration under paragraph 25‑5(3)(b).

50‑5Object of this Division

1. (1)

   The object of this Division is to give the public (including donors, members and volunteers of registered entities) confidence that:

   1. (a)

      funds sent outside Australia by registered entities:

      1. (i)

         are reaching legitimate beneficiaries; and

      2. (ii)

         are being used for legitimate purposes; and

      3. (iii)

         are not contributing to terrorist, or other criminal, activities; and

   2. (b)

      activities engaged in outside Australia by registered entities are not contributing to terrorist, or other criminal, activities.

2. (2)

   This Division achieves that object by setting up a system to allow the regulations to specify standards:

   1. (a)

      with which an entity must comply in order to become registered under this Act, and to remain entitled to be registered under this Act; and

   2. (b)

      regulating funds sent outside Australia by registered entities, and activities engaged in outside Australia by registered entities.

   Note 1: The main consequence of failure to comply with these standards is a loss of the entity’s entitlement to registration. Such a failure to comply may also result in enforcement action under Chapter 4.

   Note 2: For the consequences of registration, see section 20‑5.

   Note 3: A registered entity must notify the Commissioner of significant non‑compliance with these standards that results in the entity no longer being entitled to be registered (see section 65‑5).

50‑10External conduct standards

1. (1)

   The regulations may specify standards (the external conduct standards) with which an entity must comply in order to become registered under this Act, and to remain entitled to be registered under this Act.

2. (2)

   Without limiting the scope of subsection (1), those standards may:

   1. (a)

      require the entity to ensure that its governing rules provide for a specified matter; or

   2. (b)

      require the entity to achieve specified outcomes and:

      1. (i)

         not specify how the entity is to achieve those outcomes; or

      2. (ii)

         specify principles as to how the entity is to achieve those outcomes; or

   3. (c)

      require the entity to establish and maintain processes for the purpose of ensuring specified matters.

3. (2A)

   Without limiting subparagraph (2)(b)(ii), the principles mentioned in that subparagraph may reflect the size of the entity, the amount and nature of contributions to the entity and the nature of the activities undertaken by the entity in pursuit of its purposes.

4. (3)

   However, the external conduct standards must deal only with:

   1. (a)

      matters external to Australia; or

   2. (b)

      matters not external to Australia but that are closely related to, or have or will have a significant impact on, entities, things or matters external to Australia.

50‑15Consultation

1. (1)

   Before the Governor‑General makes a regulation for the purposes of subsection 50‑10(1), the Minister must be satisfied that:

   1. (a)

      appropriate consultation has been undertaken with:

      1. (i)

         the not‑for‑profit sector (such as through entities that represent parts of the sector); and

      2. (ii)

         entities having expertise in fields relevant to the proposed regulation; and

      3. (iii)

         entities likely to be affected by the proposed regulation; and

      4. (iv)

         the Commissioner; and

   2. (b)

      relevant input received as part of that consultation has been taken into account adequately.

2. (2)

   Without limiting, by implication, the form that consultation mentioned in paragraph (1)(a) might take, consultation to which all of the following paragraphs apply is appropriate consultation:

   1. (a)

      the consultation involves consultation with the public;

1. 1. (b)

      the consultation involves:

      1. (i)

         notifying, directly and by advertisement, the entities mentioned in paragraph (1)(a) of the consultation; and

      2. (ii)

         inviting them to make submissions by a specified date and, where necessary, to participate in public hearings to be held concerning the proposed regulation;

   2. (c)

      the consultation is facilitated by the Commissioner.

2. (3)

   The fact that consultation does not occur, or that input is not taken into account, does not affect the validity or enforceability of the regulation.

3. (4)

   Section 17 (consultation) of the Legislation Act 2003 does not apply to a regulation proposed to be made for the purposes of subsection 50‑10(1) of this Act.

50‑20Parliamentary scrutiny of standards

Despite subsection 12(1) of the Legislation Act 2003, a provision of a regulation made for the purposes of subsection 50‑10(1) of this Act does not commence until the day after the earlier of:

1. (a)

   if both Houses of the Parliament pass a resolution approving the provision—the day the resolution is passed by the second House to do so; and

2. (b)

   the last day on which the regulation could be disallowed in either House, unless:

   1. (i)

      the regulation is disallowed; or

   2. (ii)

      either House passes a resolution disapproving the provision;

on or before that day.

Part 3‑2Record keeping and reportingDivision 55Record keeping

55‑1Simplified outline

The following is a simplified outline of this Division:

This Division sets out record keeping obligations for registered entities under this Act.

55‑5Registered entities must keep records

Registered entities must keep records

1. (1)

   A registered entity must keep written financial records that:

   1. (a)

      correctly record and explain its transactions and financial position and performance; and

   2. (b)

      enable true and fair financial statements to be prepared and to be audited;

so as to enable any recognised assessment activity to be carried out in relation to the entity.

1. (2)

   A registered entity must also keep written records that correctly record its operations, so as to enable any recognised assessment activity to be carried out in relation to the entity.

2. (3)

   The records must be:

   1. (a)

      in English; or

   2. (b)

      readily accessible and easily convertible into English.

Registered entities must retain records

1. (4)

   Subject to subsection (5), the registered entity must retain the records for 7 years after the transactions, operations or acts covered by the records are completed.

2. (5)

   The Commissioner may notify the entity in writing that it does not need to retain certain records under subsection (4).

Offence

1. (6)

   A registered entity commits an offence if the entity does not comply with this section.

   Penalty: 20 penalty units.

2. (7)

   An offence against subsection (6) is an offence of strict liability.

   Note: For strict liability, see section 6.1 of the Criminal Code.

55‑10Recognised assessment activity

A recognised assessment activity, in relation to a registered entity, is:

1. (a)

   an activity carried out by the Commissioner involving assessment of the entity’s entitlement to registration as a type or subtype of entity; or

2. (b)

   an activity carried out by the Commissioner involving assessment of the entity’s compliance with this Act and the regulations; or

3. (c)

   an activity carried out by the Commissioner of Taxation involving assessment of the entity’s compliance with any taxation law.

Division 60ReportingSubdivision 60‑AOverview

60‑1Simplified outline

The following is a simplified outline of this Division:

This Division sets out the reporting obligations for registered entities based upon the entity’s size and determined according to whether the entity is a small, medium or large registered entity.

All registered entities must provide the Commissioner with an annual information statement.

Medium and large entities must also provide the Commissioner with a financial report. Generally, financial reports need to be reviewed for medium entities or audited for large entities.

Additional reporting obligations may be placed on registered entities by the Commissioner in special circumstances, for example, if the Commissioner is concerned about an entity’s compliance with this Act.

Subdivision 60‑AAObject of this Division

60‑3Object of this Division

1. (1)

   The object of this Division is to promote:

   1. (a)

      the transparency and accountability of registered entities; and

   2. (b)

      the reduction of reporting obligations of registered entities under other Australian laws.

2. (2)

   The Division does this by requiring registered entities to provide information to the Commissioner that:

   1. (a)

      relates to this Act or the taxation law; and

   2. (b)

      the Commissioner:

      1. (i)

         will use for the purposes of this Act; or

      2. (ii)

         may pass on to other Australian government agencies, removing the need for those agencies to require the information from the registered entities; or

      3. (iii)

         will make publicly available by publishing it on the Register.

      Note 1: Other Australian laws provide that giving information to the Commissioner in accordance with this Act satisfies the reporting requirements of those laws.

      Note 2: Division 40 limits the information the Commissioner may publish on the Register.

3. (3)

   The requirements this Division places on a registered entity are proportional to the size of the registered entity.

Subdivision 60‑BAnnual information statements

60‑5Registered entities must give annual information statements

1. (1)

   A registered entity must give a statement (an information statement) for a financial year to the Commissioner in the approved form.

   Note: The Commissioner may approve different approved forms for different entities (see subsection 190‑10(4)). For example, different forms could be approved for small, medium and large registered entities.

2. (2)

   The registered entity must give the information statement to the Commissioner no later than 31 December in the following financial year.

   Note 1: Section 190‑15 allows the Commissioner to defer the time for giving an approved form.

   Note 2: Section 175‑35 provides for an administrative penalty for failing to give the Commissioner a statement required by this Act within the required time.

3. (3)

   Any information that the approved form requires to be provided to the Commissioner must be information that relates to, or has the purpose of, enabling recognised assessment activities to be carried out in relation to registered entities.

Subdivision 60‑CAnnual financial reports

60‑10Medium and large registered entities must give annual financial reports

1. (1)

   A medium registered entity or a large registered entity must give the Commissioner a financial report for a financial year, together with any auditor’s report or reviewer’s report that the entity is required to obtain under section 60‑20 or 60‑25.

2. (2)

   The registered entity must give the reports to the Commissioner no later than 31 December in the following financial year or such later time as the Commissioner allows.

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

60‑15Requirements for annual financial reports

1. (1)

   The financial report must comply with the requirements set out in the regulations.

2. (2)

   Any information that the regulations require to be provided to the Commissioner must be information that relates to, or has the purpose of, enabling recognised assessment activities to be carried out in relation to registered entities.

60‑20Medium registered entities must have annual financial reports audited or reviewed

1. (1)

   A medium registered entity must:

   1. (a)

      subject to subsection (2), do both of the following:

      1. (i)

         have its financial report for a financial year reviewed in accordance with this Subdivision;

      2. (ii)

         obtain a reviewer’s report; or

   2. (b)

      do both of the following:

      1. (i)

         have its financial report for a financial year audited in accordance with this Subdivision;

      2. (ii)

         obtain an auditor’s report.

2. (2)

   The Commissioner may, by written notice given to the medium registered entity, provide that paragraph (1)(a) does not apply to the financial report.

60‑25Large registered entities must have annual financial reports audited

A large registered entity must:

1. (a)

   have its financial report for a financial year audited in accordance with this Subdivision; and

2. (b)

   obtain an auditor’s report.

60‑30Audit or review

1. (1)

   The audit or review must be undertaken by:

   1. (a)

      a registered company auditor (within the meaning of the Corporations Act 2001); or

   2. (b)

      a firm:

      1. (i)

         that consents to be appointed, or is appointed, as auditor of a registered entity; and

      2. (ii)

         at least one member of which is a registered company auditor (within the meaning of that Act) who is ordinarily resident in Australia; or

   3. (c)

      an authorised audit company (within the meaning of that Act); or

   4. (d)

      an entity prescribed by the regulations for the purposes of this paragraph.

2. (2)

   In the case of a review of the financial report of a medium registered entity, an individual who is taken to be a registered company auditor under subsection 324BE(1) of the Corporations Act 2001 is taken to be a registered company auditor for the purposes of this Subdivision.

   Note: Subsection 324BE(1) of the Corporations Act 2001 allows certain members of professional accounting bodies who are not registered company auditors to undertake a review.

3. (3)

   In the case of an audit, the auditor must form an opinion about:

   1. (a)

      whether the financial report satisfies the requirements of this Division; and

   2. (b)

      whether the auditor has been given all information, explanation and assistance necessary for the conduct of the audit; and

   3. (c)

      whether the registered entity has kept financial records sufficient to enable a financial report to be prepared and audited; and

   4. (d)

      whether the registered entity has kept other records as required by this Part.

4. (4)

   In the case of a review, the reviewer must form a conclusion about:

   1. (a)

      whether, on the basis of the review, anything has come to the reviewer’s attention that causes the reviewer to believe that the financial report does not satisfy the requirements of this Division; and

   2. (b)

      whether the reviewer has been given all information, explanation and assistance necessary for the conduct of the review; and

   3. (c)

      whether the registered entity has kept financial records sufficient to enable a financial report to be prepared and reviewed; and

   4. (d)

      whether the registered entity has kept other records as required by this Part.

60‑35Audit or review to be conducted in accordance with auditing standards

An audit or review must be undertaken in accordance with the auditing standards.

60‑40Auditor’s or reviewer’s independence declaration

1. (1)

   A registered entity must obtain from its auditor or reviewer:

   1. (a)

      a written declaration that, to the best of the auditor’s or reviewer’s knowledge and belief, there have been no contraventions of any applicable code of professional conduct in relation to the audit or review; or

   2. (b)

      a written declaration that, to the best of the auditor’s or reviewer’s knowledge and belief, the only contraventions of any applicable code of professional conduct in relation to the audit or review are those contraventions details of which are set out in the declaration.

2. (2)

   The declaration must be signed by the auditor or reviewer (or an individual authorised by the auditor or reviewer).

60‑45Auditor’s report on annual financial report

1. (1)

   An auditor’s report must contain a statement from the auditor as to whether, in the auditor’s opinion, the financial report has been prepared in accordance with this Division. If the auditor is not of that opinion, the auditor’s report must say why.

2. (2)

   If the auditor is of the opinion that the financial report has not been prepared in accordance with this Division, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the financial report. If it is not practicable to quantify the effect fully, the auditor’s report must say why.

3. (3)

   The auditor’s report must describe:

   1. (a)

      any material defect or irregularity in the financial report; and

   2. (b)

      any deficiency, failure or shortcoming in respect of the matters mentioned in paragraph 60‑30(3)(b), (c) or (d).

4. (4)

   The auditor’s report must include any statements or disclosures required by the auditing standards.

60‑50Reviewer’s report on annual financial report

1. (1)

   A reviewer’s report must contain a statement from the reviewer as to whether the reviewer has concluded that, on the basis of the review, anything has come to the reviewer’s attention that causes the reviewer to believe that the financial report does not satisfy the requirements of this Division. If the auditor has concluded that anything has come to the reviewer’s attention that causes the reviewer to so believe, the reviewer’s report must say why.

2. (2)

   If the reviewer has concluded that anything has come to the reviewer’s attention that causes the reviewer to believe that the financial report does not satisfy the requirements of this Division, the reviewer’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the financial report. If it is not practicable to quantify the effect fully, the reviewer’s report must say why.

3. (3)

   The reviewer’s report must describe:

   1. (a)

      any material defect or irregularity in the financial report; and

   2. (b)

      any deficiency, failure or shortcoming in respect of the matters mentioned in paragraph 60‑30(4)(b), (c) or (d).

4. (4)

   The reviewer’s report must include any statements or disclosures required by the auditing standards.

60‑55Auditor or reviewer to be provided with information and assistance

In having its financial report audited or reviewed, a registered entity must ensure that the auditor or reviewer:

1. (a)

   has access at all reasonable times to the books of the registered entity; and

2. (b)

   is given all requested information, explanations or other assistance for the purposes of the audit or review.

A request under paragraph (b) must be a reasonable one.

60‑60Basic religious charities

1. (1)

   This Subdivision does not apply to a basic religious charity, or to any report relating to a basic religious charity.

2. (2)

   However, this Subdivision applies to a basic religious charity in relation to a financial year, and to any report for the year relating to the charity, if the charity gives the Commissioner a financial report for the year.

Subdivision 60‑DErrors in information statements and financial reports

60‑65Errors in information statements and financial reports

1. (1)

   Subsection (2) applies if:

   1. (a)

      a registered entity gives its information statement or financial report for a financial year to the Commissioner at a time; and

   2. (b)

      after that time, the registered entity identifies a material error in the statement or report.

2. (2)

   The registered entity must give a corrected statement or report to the Commissioner:

   1. (a)

      if the entity is a small registered entity—within 60 days after the entity identifies the error; or

   2. (b)

      if the entity is a medium registered entity or a large registered entity—within 28 days after the entity identifies the error.

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

Subdivision 60‑EAdditional reporting requirements

60‑70Object of this Subdivision

The object of this Subdivision is to ensure that the Commissioner can require further information to be provided in particular cases.

Example: If there is reason to believe that a registered entity has contravened this Act, further information could enable the Commissioner to carry out a recognised assessment activity in relation to the entity.

60‑75 Additional reporting requirementsparticular registered entity

Additional report or additional reporting requirements

1. (1)

   The Commissioner may:

   1. (a)

      determine, in writing, that:

      1. (i)

         a particular registered entity must prepare a report in addition to any other statement or report the registered entity is required to prepare; and

      2. (ii)

         the entity must give that report to the Commissioner by a time specified in the determination; or

   2. (b)

      determine, in writing, that a particular registered entity must:

      1. (i)

         include particular additional information in an information statement or financial report; or

      2. (ii)

         meet particular additional requirements in relation to the manner in which an information statement or financial report is to be prepared.

2. (2)

   A determination under subsection (1) is not a legislative instrument.

Additional reports

1. (3)

   A determination under paragraph (1)(a) must specify:

   1. (a)

      the information to be included in the report; and

   2. (b)

      any other requirements to be met in relation to the manner in which the report is prepared.

2. (4)

   A determination under paragraph (1)(a) may require the report to be prepared:

   1. (a)

      for a particular period or periods; or

   2. (b)

      in relation to circumstances as they exist as at a particular date or dates.

This subsection does not limit subsection (3).

1. (5)

   The determination may require the report to be prepared for all periods of a particular kind that start or end on or after a date specified in the determination. This subsection does not limit subsection (3).

Determination

1. (6)

   A determination under subsection (1) may be made in respect of a past or future period but if it is in respect of a past period, the determination must be made no later than 6 years after the end of that period.

2. (7)

   The Commissioner must give the registered entity written notice of the making of the determination.

3. (8)

   A determination under subsection (1) must be for the purpose of enabling a recognised assessment activity to be carried out.

60‑80 Additional reporting requirementsclasses of registered entities

Additional reports or additional reporting requirements

1. (1)

   The Commissioner may:

   1. (a)

      make a determination in writing:

      1. (i)

         requiring a particular class of registered entities to prepare a report in addition to any information statement or financial report the entities are required to prepare; and

      2. (ii)

         requiring each entity in that class to give that report to the Commissioner by a time specified in the determination; or

   2. (b)

      make a determination in writing requiring a particular class of registered entities to:

      1. (i)

         include particular additional information in an information statement or financial report; or

      2. (ii)

         meet particular additional requirements in relation to the manner in which an information statement or financial report is prepared.

2. (2)

   A determination under subsection (1) is a legislative instrument.

Additional reports

1. (3)

   A determination under paragraph (1)(a) must specify:

   1. (a)

      the information to be included in the report; and

   2. (b)

      any other requirements to be met in relation to the manner in which the report is prepared.

2. (4)

   A determination under paragraph (1)(a) may require the report to be prepared:

   1. (a)

      for a particular period or periods; or

   2. (b)

      in relation to circumstances as they exist as at a particular date or dates.

This subsection does not limit subsection (3).

1. (5)

   The determination may require the report to be prepared for all periods of a particular kind that start or end on or after a date specified in the determination. This subsection does not limit subsection (4).

Determinations

1. (6)

   A determination under subsection (1):

   1. (a)

      may be expressed to be subject to conditions; and

   2. (b)

      may be in respect of a past or future period but if it is in respect of a past period, the determination must be made no later than 6 years after the end of that period.

2. (7)

   A determination under subsection (1) must be for the purpose of enabling a recognised assessment activity to be carried out.

Subdivision 60‑FSubstituted accounting periods

60‑85Commissioner may approve a different accounting period

1. (1)

   The Commissioner may allow a registered entity to adopt an accounting period which is a period of 12 months ending on a day other than 30 June (that is, a 12‑month period that does not align with the financial year), if the registered entity applies to the Commissioner in the approved form.

2. (2)

   If the registered entity adopts such an accounting period, this Division applies in relation to a financial year that starts after the entity adopts the new accounting period as if:

   1. (a)

      each reference in this Division (not including this section) and sections 205‑25 and 205‑35 to the financial year were a reference to the accounting period that starts during the financial year; and

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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

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)
LIA = Legislative Instruments Act 2003	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 3Legislation 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) items 1, 2) Remainder: Royal Assent
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) item 2)	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) item 2)	—
Tribunals Amalgamation Act 2015	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) Sch 4 (item 1): 18 Dec 2020 (s 2(1) item 6)	—
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021	13, 2021	1 Mar 2021	Sch 2 (item 72): 1 Sept 2021 (s 2(1) item 5)	—
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024	38, 2024	31 May 2024	Sch 1 (items 1–7): 14 Oct 2024 (s 2(1) item 2)	—
Administrative Review Tribunal (Miscellaneous Measures) Act 2025	14, 2025	20 Feb 2025	Sch 2 (items 11–13): 21 Feb 2025 (s 2(1) item 2)	—

Endnote 4Amendment history

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 160
s 160‑10.....................................	am No 38, 2024
s 160‑25.....................................	am No 38, 2024
Division 165
Division 165 heading...................	am No 38, 2024
s 165‑5.......................................	rs No 38, 2024
s 165‑10.....................................	rs No 38, 2024
am No 14, 2025
s 165‑15.....................................	am No 60, 2015
rs No 38, 2024
s 165‑20.....................................	rs No 38, 2024
s 165‑25.....................................	am No 60, 2015
rs No 38, 2024
s 165‑30.....................................	rs No 38, 2024
s 165‑35.....................................	rs No 38, 2024
am No 14, 2025
s 165‑40.....................................	rep No 38, 2024
s 165‑45.....................................	rep No 38, 2024
s 165‑55.....................................	rs No 38, 2024
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; No 38, 2024; No 14, 2025