Australian Charities and Not-for-profits Commission (Acting Commissioner) Appointment No. 1 2022

Overview

The Australian Charities and Not-for-profits Commission (Acting Commissioner) Appointment (No. 1) 2022 instrument was introduced to address the need for a temporary leadership position within the Australian Charities and Not-for-profits Commission (ACNC) in the absence of a substantive Commissioner. Enacted by Dr Andrew Leigh, the Assistant Minister for Competition, Charities and Treasury, this instrument was made under section 115-15 of the Australian Charities and Not-for-profits Commission Act 2012. The policy objective behind this appointment is to ensure continuity in the administration and oversight of charities and not-for-profit organisations during a transitional period, maintaining the integrity and effectiveness of the ACNC’s regulatory functions. Deborah Jenkins has been appointed as the acting Commissioner on a full-time basis, effective from 1 August 2022, until either 31 October 2022 or a substantive appointment under section 115-5 of the Act takes effect. Her remuneration, allowances, and leave arrangements will align with those applicable to the Chair of the ACNC.

Scope and Application

The Australian Charities and Not-for-profits Commission (Acting Commissioner) Appointment (No. 1) 2022 instrument designates Deborah Jenkins as the acting Commissioner of the Australian Charities and Not-for-profits Commission (ACNC), effective from 1 August 2022, until either 31 October 2022 or the appointment of a new Commissioner under section 115-5 of the Australian Charities and Not-for-profits Commission Act 2012. This appointment applies to the individual role of the acting Commissioner within the ACNC and is made in accordance with the legislative powers provided by the Act. The remuneration, allowances, and leave arrangements for this acting role are to be those applicable to the Chair of the ACNC as of the date of the instrument. The Act governs the functions and powers of the ACNC, including the regulation and oversight of charities and not-for-profit organisations in Australia, but specific details of the scope and application of the Act itself are not addressed within this notifiable instrument.

Key Provisions

The main operative sections of the Australian Charities and Not-for-profits Commission (Acting Commissioner) Appointment (No. 1) 2022 instrument (section 1) appoint Deborah Jenkins as the acting Commissioner of the ACNC. This appointment is effective from 1 August 2022, and it will continue until the earlier of 31 October 2022, or when a new Commissioner is appointed under section 115-5 of the Act. The instrument also stipulates that the remuneration, allowances, and leave arrangements for the acting Commissioner will be the same as those applicable to a Chair of the ACNC as of the date of this instrument (section 2). The obligations and requirements imposed by the Act on Deborah Jenkins, in her role as acting Commissioner, are consistent with those of a full-time Commissioner. This includes adherence to the standards of remuneration, allowances, and leave as stipulated for the ACNC Chair. The instrument further ensures that Deborah Jenkins will carry out her duties in accordance with the provisions and objectives of the Australian Charities and Not-for-profits Commission Act 2012, thereby maintaining the integrity and effectiveness of the ACNC's operations during her tenure. In terms of potential breaches and the consequences thereof, the Australian Charities and Not-for-profits Commission Act 2012 provides for various offences and penalties. For instance, section 115-15 of the Act outlines the process for appointing an acting Commissioner, but does not specify penalties for breaches of this process. However, other sections of the Act detail penalties for non-compliance with ACNC regulations. For example, section 145-5 of the Act imposes penalties for failure to lodge annual financial reports, with maximum penalties including fines of up to $10,000 for individuals and $50,000 for bodies corporate. Similarly, section 145-10 imposes penalties for providing false or misleading information, with maximum fines of up to $20,000 for individuals and $100,000 for bodies corporate. These provisions underscore the importance of adhering to the statutory requirements and the potential repercussions of non-compliance.