Australian Charities and Not-for-profits Commission (Acting Commissioner) Appointment (No. 3) 2022

Overview

The Australian Charities and Not-for-profits Commission (Acting Commissioner) Appointment (No. 3) 2022, enacted on 28 October 2022, is a notifiable instrument that appoints Deborah Jenkins as the acting Commissioner of the Australian Charities and Not-for-profits Commission (ACNC) for a specified period. This appointment was made by Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, under section 115-15 of the Australian Charities and Not-for-profits Commission Act 2012. The primary purpose of this appointment is to address a temporary vacancy within the leadership of the ACNC, ensuring that the Commission continues to operate effectively during this interim period. The remuneration and allowances for this acting role are consistent with those applicable to a full-time Commissioner of the ACNC as of the date of this instrument. This measure ensures that the acting Commissioner is appropriately compensated for her duties and responsibilities during her tenure.

Scope and Application

The Australian Charities and Not-for-profits Commission (Acting Commissioner) Appointment (No. 3) 2022 applies specifically to the appointment of Deborah Jenkins as the acting Commissioner of the Australian Charities and Not-for-profits Commission (ACNC) for a defined period. This appointment is made under the authority of section 115-15 of the Australian Charities and Not-for-profits Commission Act 2012, which empowers the Assistant Minister for Competition, Charities and Treasury to make such appointments. Deborah Jenkins is appointed on a full-time basis from 1 November 2022 until 11 December 2022, with her remuneration, allowances, and leave arrangements aligned with those applicable to a Commissioner of the ACNC as at the date of this instrument. The Act does not explicitly delineate exclusions, exemptions, or thresholds for this specific appointment, nor does it extend or restrict application through subordinate instruments. It is a Commonwealth-level appointment that pertains to the administration of the ACNC, which oversees the charitable sector in Australia.

Key Provisions

The primary sections of the Australian Charities and Not-for-profits Commission (Acting Commissioner) Appointment (No. 3) 2022 (F2022N00245) involve the appointment of Deborah Jenkins as the acting Commissioner of the Australian Charities and Not-for-profits Commission (ACNC). Section 1 of the instrument specifies the appointment of Deborah Jenkins in a full-time capacity for a defined period, from 1 November 2022 to 11 December 2022. Additionally, Section 2 details that her remuneration, allowances, and leave arrangements will be consistent with those applicable to a Commissioner of the ACNC as of the date of this instrument. The Act imposes specific obligations and requirements on the acting Commissioner, Deborah Jenkins. Under Section 1, she is mandated to fulfil her role in a full-time capacity within the specified period. Furthermore, Section 2 ensures that her financial and leave arrangements mirror those of a permanent Commissioner, maintaining consistency and fairness in her treatment during her tenure. Regarding potential breaches, the Act does not explicitly outline specific offences, penalties, or consequences for non-compliance in this notifiable instrument. However, it is implied that any deviation from the stipulated terms of appointment, remuneration, and leave arrangements could result in legal scrutiny or administrative action. The Australian Charities and Not-for-profits Commission Act 2012, under which this appointment is made, may provide further context on the consequences of non-compliance, but these are not detailed within the instrument itself.