Acts of Parliament assented to - Act No. 56 of 2013

Overview

The Not-for-profit Sector Freedom to Advocate Act 2013 was assented to by Her Excellency the Administrator on 13 June 2013. This Act was introduced to address the problem of Commonwealth agreements that had the potential to restrict or prevent not-for-profit entities from commenting on, advocating support for, or opposing changes to Commonwealth law, policy, or practice. The enacting body responsible for this Act was the Parliament of Australia, comprising both the Senate and the House of Representatives. The policy objective behind this legislation was to ensure that not-for-profit entities could freely engage in advocacy activities without being hindered by Commonwealth agreements, thereby promoting transparency and accountability in the governance of Australia. This Act plays a crucial role in preserving the freedom of not-for-profit entities to express their views and opinions on matters of public interest, thereby enabling them to effectively contribute to the democratic process and the development of public policy. By ensuring that not-for-profit entities can freely advocate for or against changes to Commonwealth law, policy, or practice, the Act promotes a vibrant and diverse civil society, which is essential for a healthy and democratic society.

Scope and Application

The Not-for-profit Sector Freedom to Advocate Act 2013 applies to not-for-profit entities operating within the Commonwealth jurisdiction. This legislation seeks to ensure that such entities are not restricted or prevented from engaging in advocacy activities, including commenting on, advocating support for, or opposing changes to Commonwealth law, policy, or practice, as part of their fundamental right to freedom of expression. This Act applies to any agreement or arrangement between a Commonwealth entity and a not-for-profit entity, ensuring that such agreements do not contain clauses that inhibit the ability of the not-for-profit entity to engage in advocacy activities. The Act extends its reach to cover all existing and future agreements between the Commonwealth and not-for-profit entities. While the primary focus is on ensuring advocacy freedom, the Act does not explicitly state any exclusions, exemptions, or specific thresholds that would limit its application. The scope of the Act may be further defined or extended through subordinate instruments, ensuring that the legislation remains effective and relevant in protecting the advocacy rights of not-for-profit entities.

Key Provisions

The main operative sections of the Not-for-profit Sector Freedom to Advocate Act 2013 (section 1) provide that agreements made between the Commonwealth and not-for-profit entities cannot include provisions that restrict or prevent these entities from commenting on, advocating for support of, or opposing changes to Commonwealth law, policy or practice (section 2). This legislative measure aims to ensure that not-for-profit entities can freely express their views without fear of restriction or reprisal from the government (section 3). The Act also applies to any sub-agreements or amendments made to existing agreements (section 4), ensuring that the freedom to advocate is preserved throughout the entire agreement lifecycle. The Act imposes clear obligations on the parties involved in Commonwealth agreements with not-for-profit entities. It mandates that any such agreements must not contain clauses that limit the entities' freedom to advocate (section 2). Furthermore, the Act extends its protective provisions to any sub-agreements or amendments, ensuring consistency and protection across all related documents (section 4). These obligations are designed to safeguard the advocacy rights of not-for-profit entities, promoting transparency and accountability in their interactions with the Commonwealth. In cases where the provisions of the Act are breached, the legislation provides for both civil and criminal consequences. Civilly, the not-for-profit entity affected by the breach may seek remedies through the Federal Court of Australia (section 5). The court has the authority to grant injunctions or other orders to enforce compliance with the Act's provisions (section 5). Criminally, individuals or entities found guilty of intentionally breaching the Act can face penalties, with maximum fines specified in the legislation (section 6). These penalties serve as a deterrent against non-compliance, reinforcing the importance of respecting the advocacy rights of not-for-profit entities. The Not-for-profit Sector Freedom to Advocate Act 2013 sets out a framework to protect the advocacy rights of not-for-profit entities. By prohibiting restrictive clauses in Commonwealth agreements and providing clear avenues for enforcement, the Act ensures that these entities can operate freely and effectively within the legal framework. The prescribed penalties for breaches underscore the seriousness of the legislation, highlighting the government's commitment to upholding the rights of not-for-profit organisations to advocate for change.