Australian Charities and Not-for-profits Commission Advisory Board (Deputy Chair) Appointment (No. 1) 2024

Overview

The Australian Charities and Not-for-profits Commission Advisory Board (Deputy Chair) Appointment (No. 1) 2024I was enacted in 2024 to address the need for a part-time Deputy Chair of the Australian Charities and Not-for-profits Commission Advisory Board. This notifiable instrument was introduced by Dr. Andrew Leigh, the Assistant Minister for Competition, Charities and Treasury, in accordance with subsection 140-5(3) of the Australian Charities and Not-for-profits Commission Act 2012. The objective of this appointment is to ensure the Advisory Board is effectively led and to provide strategic guidance to the Commission, which is responsible for regulating and supporting the charitable sector in Australia. Sara Harrup has been appointed for a term beginning on 2 August 2024 until 1 August 2026, filling a critical leadership role within the Commission's governance structure.

Scope and Application

The Australian Charities and Not-for-profits Commission Advisory Board (Deputy Chair) Appointment (No. 1) 2024I serves to appoint Sara Harrup as the Deputy Chair of the Australian Charities and Not-for-profits Commission Advisory Board on a part-time basis, effective from 2 August 2024 until 1 August 2026. This appointment is made under the authority vested in Dr Andrew Leigh, the Assistant Minister for Competition, Charities and Treasury, pursuant to subsection 140-5(3) of the Australian Charities and Not-for-profits Commission Act 2012. The legislation applies specifically to the role of the Deputy Chair of the Advisory Board and is limited to the specified term. The geographic reach of this legislation is confined to the Commonwealth level, as it pertains to a federal appointment within the Australian government's structure. This appointment does not extend beyond the named individual and the specified role within the Advisory Board. There are no stated exclusions, exemptions, or thresholds within the scope of this notifiable instrument, and it does not extend application through subordinate instruments.

Key Provisions

The main operative section of the notifiable instrument F2024N00696 is section 1, which outlines the appointment of Sara Harrup as the Deputy Chair of the Australian Charities and Not-for-profits Commission Advisory Board (subsection 140-5(3) of the Australian Charities and Not-for-profits Commission Act 2012). This appointment is on a part-time basis and will commence on 2 August 2024 and end on 1 August 2026. The appointment is made by Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, as per the authority granted by the Act. The obligations and requirements imposed by this Act on Sara Harrup, as the Deputy Chair, include fulfilling her role as a part-time member of the Advisory Board, contributing to the governance and strategic direction of the Australian Charities and Not-for-profits Commission (ACNC). This entails attending meetings, participating in decision-making processes, and ensuring that the ACNC operates in accordance with its legislative mandate. The Deputy Chair is also expected to provide advice and recommendations to the ACNC and to collaborate with other Board members to achieve the Commission’s objectives. The notifiable instrument does not explicitly detail offences, penalties, or civil/criminal consequences for breach. However, the Australian Charities and Not-for-profits Commission Act 2012 does provide a framework for dealing with non-compliance by entities registered with the ACNC. Offences under the Act can include providing false or misleading information, failing to comply with reporting obligations, or engaging in conduct that is not in the public interest. Penalties for these offences can vary, with maximum fines and imprisonment terms specified in the primary legislation. The ACNC has the authority to impose administrative penalties, including financial penalties, and to refer matters to law enforcement agencies for criminal prosecution if necessary. In summary, the notifiable instrument F2024N00696 appoints Sara Harrup as the Deputy Chair of the ACNC Advisory Board, outlining her role and the duration of her appointment. It sets forth the responsibilities of the Deputy Chair in relation to the governance and oversight of the ACNC. Although the notifiable instrument itself does not specify penalties, the broader legislative framework provides for enforcement actions against non-compliant entities and individuals.