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

Overview

The Australian Charities and Not-for-profits Commission Advisory Board (Member) Appointment (No. 1) 2024I, enacted on 1 August 2024, appoints Nick Maisey as a part-time member of the Advisory Board of the Australian Charities and Not-for-profits Commission for a period of three years. This appointment was made by Dr Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, under subsection 140-5(1) of the Australian Charities and Not-for-profits Commission Act 2012. The primary objective of this legislation is to bolster the capacity and expertise of the Advisory Board by ensuring it comprises individuals with relevant experience and skills, thereby supporting the overarching goal of enhancing the effectiveness and accountability of the Commission in its regulatory functions.

Scope and Application

The Australian Charities and Not-for-profits Commission Advisory Board (Member) Appointment (No. 1) 2024I instrument, issued by Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, designates Nick Maisey as a part-time member of the Advisory Board for the Australian Charities and Not-for-profits Commission for a three-year term starting the day after the instrument is registered on the Federal Register of Legislation. This appointment is made under subsection 140-5(1) of the Australian Charities and Not-for-profits Commission Act 2012 and applies to the individual, Nick Maisey, who is to serve in this advisory capacity. The instrument is applicable at the Commonwealth level, thus its jurisdiction extends across Australia. There are no exclusions, exemptions, or specific thresholds outlined in this particular instrument. However, the scope and specifics of the Advisory Board's activities, including any additional appointments or extensions of duties, may be further defined through subordinate instruments issued under the authority of the Act.

Key Provisions

The main operative sections of the legislation, Australian Charities and Not-for-profits Commission Advisory Board (Member) Appointment (No. 1) 2024I, include the appointment of Nick Maisey as a member of the Australian Charities and Not-for-profits Commission Advisory Board (section 1). This appointment is to be on a part-time basis for a duration of three years, starting the day after the instrument is registered on the Federal Register of Legislation (section 1). The appointment is made under subsection 140-5(1) of the Australian Charities and Not-for-profits Commission Act 2012, which provides the legal basis for such appointments. The obligations and requirements imposed on Nick Maisey as a member of the Advisory Board include participation in meetings and discussions, contributing to the formulation and review of policies, and providing advice to the Commission on matters related to charities and not-for-profit organisations. The role also entails a commitment to the diligent and ethical execution of duties, ensuring decisions and recommendations align with the best interests of the community and the not-for-profit sector. Nick Maisey is expected to maintain confidentiality regarding sensitive information and adhere to any other directives issued by the Commission. Failure to meet the obligations or requirements of the role can result in various consequences. While the legislation does not explicitly detail penalties for breaches, it implies that non-compliance could lead to the revocation of the appointment, as stipulated under the Australian Charities and Not-for-profits Commission Act 2012. Additionally, there could be reputational damage and possible disqualification from future appointments within the not-for-profit sector. However, specific penalties and the exact process for handling breaches are governed by the broader legislative framework of the Act.