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

Overview

The Australian Charities and Not-for-profits Commission Advisory Board (Deputy Chair and Member) Appointment (No. 1) 2023 instrument, dated 27 July 2023, was enacted by Dr Andrew Leigh, the Assistant Minister for Competition, Charities and Treasury, under the Australian Charities and Not-for-profits Commission Act 2012. This notifiable instrument appoints Heather Watson as the Deputy Chair of the Australian Charities and Not-for-profits Commission Advisory Board on a part-time basis, effective from one day after registration on the Federal Register of Legislation until one year later, and reappoints her as a member of the Board for a period beginning on 14 November 2023 until the conclusion of her Deputy Chair term. This appointment aims to ensure the ongoing functionality and governance of the Advisory Board, which plays a crucial role in providing advice to the Commission and supporting its mission to enhance the regulation of charities and not-for-profit entities in Australia.

Scope and Application

The Australian Charities and Not-for-profits Commission Advisory Board (Deputy Chair and Member) Appointment (No. 1) 2023I, issued under the authority of Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, appoints Heather Watson as the Deputy Chair of the Australian Charities and Not-for-profits Commission Advisory Board on a part-time basis for a period of one year, effective from the day after the instrument's registration on the Federal Register of Legislation. Additionally, this instrument reappoints Heather Watson as a member of the same Board, also on a part-time basis, starting on 14 November 2023 until the conclusion of the period specified in her Deputy Chair appointment. This legislative instrument is enacted under subsections 140-5(1) and 140-5(3) of the Australian Charities and Not-for-profits Commission Act 2012 and applies within the Commonwealth of Australia. The Act primarily concerns the administration and oversight of the Australian Charities and Not-for-profits Commission, including its Advisory Board's composition and functions. The instrument does not detail specific exclusions or thresholds but is firmly within the national jurisdiction of Australia.

Key Provisions

The main operative sections of this legislation (F2023N00231) involve the appointment of Heather Watson to two roles within the Australian Charities and Not-for-profits Commission Advisory Board (sections 1 and 2). Section 1 appoints Heather Watson as the Deputy Chair of the Advisory Board on a part-time basis, effective from the day after the instrument is registered on the Federal Register of Legislation, for a period of one year. Section 2 reappoints Heather Watson as a member of the Advisory Board, also on a part-time basis, beginning on 14 November 2023 and lasting until the end of the term specified in Section 1. This arrangement ensures continuity and stability in the leadership of the Advisory Board. The legislation imposes specific obligations and requirements on Heather Watson in her dual roles. As Deputy Chair, she will assist the Chair in overseeing the Advisory Board's functions and ensuring it meets its responsibilities effectively. These duties include participating in meetings, contributing to decision-making processes, and supporting the Chair in fostering a collaborative and efficient working environment. As a member, Heather Watson is expected to actively engage in the Advisory Board's activities, providing insights and expertise to help guide the Commission's policies and practices. Her part-time commitment necessitates effective time management to balance her responsibilities with other professional or personal obligations. Failure to comply with the terms and conditions outlined in the legislation could result in various consequences. Although the specific legal ramifications are not detailed in this notifiable instrument, general principles under the Australian Charities and Not-for-profits Commission Act 2012 suggest that breaches might lead to disciplinary actions, including removal from office. In more severe cases, legal proceedings could be initiated, potentially resulting in fines or other penalties. While the exact penalties are not specified in this document, they would align with the penalties outlined in the overarching Act, which may include substantial financial penalties and imprisonment for serious violations.