Australian Charities and Not-for-profits Commission (Advisory Board—Ex Officio Members) Determination 2025

Administered by Department of the Treasury

Legislation au F2025N00138 In force Notifiable Instrument

Legislation content

 

Australian Charities and Not-for-profits Commission (Advisory Board—Ex Officio Members) Determination 2025

made under the Australian Charities and Not-for-profits Commission Act 2012

Compilation No. 1

Compilation date: 15 August 2025

Includes amendments: Australian Charities and Not-for-profits Commission Amendment (Advisory Board—Ex Officio Members) Determination 2025

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by The Treasury

About this compilation

       

This compilation

This is a compilation of the Australian Charities and Not-for-profits Commission (Advisory Board—Ex Officio Members) Determination 2025 that shows the text of the law as amended and in force on 15 August 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1  Name 

3  Authority

4  Schedules

5  Definitions

Part 2—ACNC Advisory Board

6  Ex officio members

Schedule 1—Repeals

Determination of Ex-Officio Members of the Australian Charities and Not-for-profits Commission Advisory Board [made in February 2013 by the Assistant Treasurer]

Determination of Ex-Officio Members of the Australian Charities and Not-for-profits Commission Advisory Board [made on 12 February 2016 by the Treasurer]

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Preliminary

 

1  Name

  This instrument is the Australian Charities and Not-for-profits Commission (Advisory Board—Ex Officio Members) Determination 2025.

3  Authority

  This instrument is made under the Australian Charities and Not-for-profits Commission Act 2012.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

Note: Expressions have the same meaning in this instrument as in the Australian Charities and Not-for-profits Commission Act 2012 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

  In this instrument:

the Act means the Australian Charities and Not-for-profits Commission Act 2012.

Part 2—ACNC Advisory Board

6  Ex officio members

 (1) For the purposes of paragraph 135-10(a) of the Act, each office mentioned in an item of the following table is determined:

 

Item

Office

Jurisdiction

1

Commissioner of Fair Trading

Deputy Secretary, Fair Trading and Regulatory Services, Department of Customer Service

Government of New South Wales

2

Director of Consumer Affairs

Executive Director, Regulatory Services, Department of Government Services

Government of Victoria

3

Deputy Director-General, Harm Prevention and Regulation, Department of Justice

Government of Queensland

4

Commissioner for Consumer Protection, Department of Energy, Mines, Industry, Regulation and Safety

Government of Western Australia

5

Commissioner of Consumer and Business Services

Government of South Australia

6

Executive Director, Consumer Building and Occupational Services, Department of Justice

Government of Tasmania

6A

Commissioner for Fair Trading

Executive Branch Manager, Licensing and Registration, Access Canberra, City and Environment Directorate

Government of the Australian Capital Territory

7

Executive Director, Industry Capability, Licensing and Migration NT, Department of Trade, Business and Asian Relations

Government of the Northern Territory

Note: The current holder of a determined office is a member of the ACNC Advisory Board.

 (2) Where 2 offices are mentioned in an item of the table in subsection (1), and different people are appointed to each of those offices, the item is to be taken as mentioning only the first of the offices until the same person is again appointed to both of the mentioned offices.

 (3) If an office mentioned in the table in subsection (1) ceases to exist or is renamed (the original office), the office in the relevant jurisdiction with the responsibilities most in common to the original office is instead taken to be the office mentioned.

Schedule 1—Repeals

Determination of Ex-Officio Members of the Australian Charities and Not-for-profits Commission Advisory Board [made in February 2013 by the Assistant Treasurer]

1  The whole of the instrument

Repeal the instrument.

Determination of Ex-Officio Members of the Australian Charities and Not-for-profits Commission Advisory Board [made on 12 February 2016 by the Treasurer]

2  The whole of the instrument

Repeal the instrument.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

 

 

am = amended

par = paragraph(s)/subparagraph(s)

 

 

amdt = amendment

/sub‑subparagraph(s)

 

 

c = clause(s)

pres = present

 

 

C[x] = Compilation No. x

prev = previous

 

 

Ch = Chapter(s)

(prev…) = previously

 

 

def = definition(s)

Pt = Part(s)

 

 

Dict = Dictionary

r = regulation(s)/rule(s)

 

 

disallowed = disallowed by Parliament

reloc = relocated

 

 

Div = Division(s)

renum = renumbered

 

 

exp = expires/expired or ceases/ceased to have

rep = repealed

 

 

effect

rs = repealed and substituted

 

 

F = Federal Register of Legislation

s = section(s)/subsection(s)

 

 

gaz = gazette

Sch = Schedule(s)

 

 

LA = Legislation Act 2003

Sdiv = Subdivision(s)

 

 

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

 

 

(md not incorp) = misdescribed amendment

SR = Statutory Rules

 

 

cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

 

 

mod = modified/modification

SubPt = Subpart(s)

 

 

No. = Number(s)

underlining = whole or part not

 

 

o = order(s)

commenced or to be commenced

 

 

Ord = Ordinance

 

 

 

 

 

 

 

 

 

 

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Australian Charities and Not-for-profits Commission (Advisory Board—Ex Officio Members) Determination 2025

17 February 2025

(F2025N00138)

18 February 2025

—

Australian Charities and Not-for-profits Commission Amendment (Advisory Board—Ex Officio Members) Determination 2025

14 August 2025

(F2025N00671)

15 August 2025

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2

rep s48D LA

s 6

am F2025N00671

 

 

 

 

 

Overview

The Australian Charities and Not-for-profits Commission (Advisory Board—Ex Officio Members) Determination 2025 was enacted to establish and amend the list of ex officio members of the Advisory Board of the Australian Charities and Not-for-profits Commission (ACNC). This determination was made under the Australian Charities and Not-for-profits Commission Act 2012 by the Treasurer. The policy objective of this determination is to ensure that the ACNC Advisory Board is composed of individuals with appropriate expertise and jurisdictional experience, thereby enhancing the effectiveness of the ACNC in regulating charities and not-for-profits. This instrument repeals previous determinations made in 2013 and 2016, and updates the list of ex officio members to reflect current officeholders and their jurisdictions. The determination outlines the specific offices from various Australian jurisdictions that are to be represented on the ACNC Advisory Board as ex officio members. It specifies the offices and their corresponding jurisdictions, such as the Commissioner of Fair Trading from New South Wales and the Director of Consumer Affairs from Victoria. The determination also includes provisions for cases where offices are renamed or cease to exist, ensuring continuity in representation on the Advisory Board. This legislative instrument aims to provide clarity and continuity in the governance structure of the ACNC, facilitating better regulation and oversight of charities and not-for-profit organisations in Australia.

Scope and Application

The Australian Charities and Not-for-profits Commission (Advisory Board—Ex Officio Members) Determination 2025, made under the Australian Charities and Not-for-profits Commission Act 2012, outlines the specific offices and their respective jurisdictions that are designated as ex officio members of the Advisory Board for the Australian Charities and Not-for-profits Commission (ACNC). This determination applies to certain government officials from various jurisdictions across Australia, including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory. Each office listed is responsible for consumer affairs, fair trading, and regulation within their respective jurisdictions. The current officeholders are automatically members of the ACNC Advisory Board. The instrument also includes provisions for the continuity of representation in cases where offices are renamed or cease to exist, ensuring that the Advisory Board always includes representatives from these key areas. This Determination repeals previous instruments made in 2013 and 2016, consolidating the current framework for ex officio members on the ACNC Advisory Board.

Key Provisions

The Australian Charities and Not-for-profits Commission (Advisory Board—Ex Officio Members) Determination 2025, under the Australian Charities and Not-for-profits Commission Act 2012, primarily serves to determine which offices are designated as ex officio members of the ACNC Advisory Board (section 6). This determination clarifies which officials from various jurisdictions will be automatically included in the Advisory Board, ensuring a comprehensive and representative body that can offer insights and advice from different governmental perspectives. The document lists specific offices from each jurisdiction, such as the Commissioner of Fair Trading from the Government of New South Wales and the Executive Director, Consumer Building and Occupational Services from the Government of Tasmania. These offices are identified to ensure that the Advisory Board benefits from the expertise and regulatory oversight experience of these officials. The obligations imposed by this determination are primarily on the offices and individuals holding these positions. They are required to participate in the activities of the ACNC Advisory Board, contributing their expertise and insights into the regulation and oversight of charities and not-for-profit organisations. The determination ensures that these officials, by virtue of their positions, are integral to the advisory functions of the ACNC. It also stipulates that if an office ceases to exist or is renamed, the new office with similar responsibilities will take its place, ensuring continuity in representation (section 6(3)). In terms of consequences for non-compliance, the determination does not explicitly outline specific penalties or offences for failing to comply with its provisions. However, the broader framework under which the ACNC operates, including the Australian Charities and Not-for-profits Commission Act 2012, may impose penalties for non-compliance with related requirements. For instance, failure to provide accurate information or comply with the Commission's directives can result in civil or criminal penalties. The specific penalties would be aligned with those stipulated in the overarching legislation, which can include fines and other enforcement actions as deemed necessary by the Commission.

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Corporate Law & Governance
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Determination
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Definitions & Interpretation
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.