Australian Charities and Not-for-profits Commission (Acting Commissioner) Appointment (No. 2) 2022

Overview

The Australian Charities and Not-for-profits Commission (Acting Commissioner) Appointment (No. 2) 2022 was enacted on 1 September 2022 to address the need for an acting Commissioner of the Australian Charities and Not-for-profits Commission (ACNC) to temporarily fill the role during a specified period. This legislation was introduced by Dr. Andrew Leigh, Assistant Minister for Charities and Treasury, under section 115-15 of the Australian Charities and Not-for-profits Commission Act 2012. The policy objective behind this appointment is to ensure the ongoing operation and regulatory oversight of the ACNC in the absence of a substantive Commissioner, thereby maintaining the integrity and effectiveness of the commission’s mandate in regulating charities and not-for-profit organisations within Australia.

Scope and Application

The Australian Charities and Not-for-profits Commission (Acting Commissioner) Appointment (No. 2) 2022 applies specifically to the appointment of Anna Longley as the acting Commissioner of the Australian Charities and Not-for-profits Commission (ACNC) for a defined period. This instrument is a legislative measure under the Australian Charities and Not-for-profits Commission Act 2012, which governs the operation and administration of the ACNC. The act itself applies to charities and not-for-profit organisations registered under the ACNC, as well as to the ACNC's functions, powers, and responsibilities. The geographic reach of this legislation is national, as it pertains to entities operating across Australia and regulated by the Commonwealth. The remuneration and allowances for the acting Commissioner, as outlined in this instrument, align with those applicable to a full-time Commissioner of the ACNC. This appointment does not introduce any new exclusions or exemptions but operates within the existing framework of the ACNC Act. The legislation's application is not extended or restricted by subordinate instruments in this particular case.

Key Provisions

The primary operative sections of the legislation, Australian Charities and Not-for-profits Commission (Acting Commissioner) Appointment (No. 2) 2022 (F2022N00196), concern the appointment of Anna Longley as the acting Commissioner of the Australian Charities and Not-for-profits Commission (ACNC) from 21 September 2022 to 7 October 2022 (section 1). This appointment is made under section 115-15 of the Australian Charities and Not-for-profits Commission Act 2012 by Andrew Leigh, Assistant Minister for Charities and Treasury. The remuneration and allowances for this acting role are stipulated to be the same as those applicable to a full-time Commissioner of the ACNC as at the date the instrument is made (section 2). The legislation imposes certain obligations on the parties involved, primarily ensuring that Anna Longley, in her capacity as acting Commissioner, adheres to the same terms and conditions of employment as a full-time Commissioner of the ACNC. This includes receiving the same remuneration and allowances, and adhering to the same arrangements for leave of absence as outlined for a Commissioner of the ACNC (section 2). Additionally, the instrument is legally binding and requires the ACNC to recognise Anna Longley as the acting Commissioner for the specified period. Regarding consequences for breach, the legislation does not explicitly detail any specific offences, penalties, or consequences for non-compliance. However, the nature of the appointment and its legal basis under section 115-15 of the Australian Charities and Not-for-profits Commission Act 2012 implies that any failure to adhere to the terms of this appointment could be subject to legal scrutiny and potential repercussions as outlined in the primary Act. It is also possible that breaches could result in disciplinary actions or other legal consequences as per the provisions of the Australian Charities and Not-for-profits Commission Act 2012.