Australian Charities and Not-for-profits Commission Advisory Board (Chair and Member) Appointment (No. 1) 2023

Overview

The Australian Charities and Not-for-profits Commission Advisory Board (Chair and Member) Appointment (No. 1) 2023 (F2023N00233) was enacted on 27 July 2023 by Andrew Leigh, the Assistant Minister for Competition, Charities and Treasury, under the authority granted by subsections 140-5(1) and 140-5(3) of the Australian Charities and Not-for-profits Commission Act 2012. This instrument was introduced to fill a specific vacancy within the Advisory Board of the Australian Charities and Not-for-profits Commission, ensuring that the Board continues to operate effectively and efficiently. The policy objective of this appointment is to maintain the integrity and functionality of the Advisory Board, thereby supporting the overall mission of the Australian Charities and Not-for-profits Commission in regulating and supporting the charitable and not-for-profit sectors in Australia.

Scope and Application

The Australian Charities and Not-for-profits Commission Advisory Board (Chair and Member) Appointment (No. 1) 2023 applies to the appointment of Sarah Davies as both a member and the Chair of the Advisory Board of the Australian Charities and Not-for-profits Commission (ACNC). The legislation is a Commonwealth instrument, demonstrating the federal reach of the appointment process within the framework of the Australian Charities and Not-for-profits Commission Act 2012. The appointment is on a part-time basis for a term of three years, beginning the day after the instrument is registered on the Federal Register of Legislation. This Act specifically outlines the appointment process and terms for the roles, ensuring they align with the regulatory and advisory functions of the ACNC. While the primary scope of this legislation is the appointment of Sarah Davies, the broader implications of her role extend to influencing the operations and policy directions of the ACNC. The ACNC, in turn, regulates charities and not-for-profit entities across Australia, ensuring compliance with legislative standards. The appointment does not specify any exclusions, exemptions, or thresholds but operates within the existing legal framework established by the ACNC Act. Subordinate instruments may further define the scope and application of the Advisory Board's role, but this specific instrument focuses on the procedural appointment mandated by the Assistant Minister for Competition, Charities and Treasury.

Key Provisions

The Australian Charities and Not-for-profits Commission Advisory Board (Chair and Member) Appointment (No. 1) 2023 Instrument, issued under the authority of Assistant Minister for Competition, Charities and Treasury Andrew Leigh, appoints Sarah Davies as a member and the Chair of the Australian Charities and Not-for-profits Commission Advisory Board (section 1). This appointment is made under subsections 140-5(1) and 140-5(3) of the Australian Charities and Not-for-profits Commission Act 2012, effective on a part-time basis for a three-year term starting the day after the instrument is registered on the Federal Register of Legislation. The instrument is dated 27 July 2023, and Dr. Andrew Leigh, who holds the position of Assistant Minister for Competition, Charities and Treasury and Parliamentary Secretary to the Treasurer, is the signatory. Under this appointment, Sarah Davies assumes the role of Chair and member of the Advisory Board. The responsibilities of the Chair and members include providing advice and recommendations to the Commissioner of the Australian Charities and Not-for-profits Commission on various matters, including the administration of the Act, the performance of the Commission, and any other matters referred to the Board by the Commissioner (section 2). Additionally, the Chair and members must ensure the Board operates effectively and efficiently, promoting the objectives and purposes of the Act. The obligations imposed on Sarah Davies and other members of the Advisory Board include acting in the best interests of the public and the Commission, maintaining confidentiality regarding sensitive information, and avoiding conflicts of interest. Members must also participate in Board meetings and contribute to the development of advice and recommendations in a professional and timely manner. The Board is required to report to the Commissioner on a regular basis, ensuring transparency and accountability in its operations. Breach of the obligations and requirements set forth in the Act can lead to various consequences. While the specific offences and penalties are not detailed in this particular instrument, the Australian Charities and Not-for-profits Commission Act 2012 provides a framework for addressing breaches. Generally, breaches may result in administrative actions, including the issuance of notices, the imposition of fines, or other corrective measures. In more severe cases, individuals found to be in breach of the Act may face legal proceedings, which could lead to criminal charges, imprisonment, or both, depending on the nature and severity of the breach. Civil actions may also be pursued for damages resulting from breaches of the Act.