Australian Charities and Not-for-profits Commission Amendment (Advisory Board—Ex Officio Members) Determination 2025
I, Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury, make the following instrument.
Dated 13 August 2025
Dr Andrew Leigh
Assistant Minister for Productivity, Competition, Charities and Treasury
Parliamentary Secretary to the Treasurer
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Australian Charities and Not-for-profits Commission (Advisory Board—Ex Officio Members) Determination 2025
1 Name
This instrument is the Australian Charities and Not-for-profits Commission Amendment (Advisory Board—Ex Officio Members) Determination 2025.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Australian Charities and Not-for-profits Commission (Advisory Board—Ex Officio Members) Determination 2025
1 Subsection 6(1) (after table item 6)
Insert:
6A | Commissioner for Fair Trading Executive Branch Manager, Licensing and Registration, Access Canberra, City and Environment Directorate | Government of the Australian Capital Territory |
Overview
The Australian Charities and Not-for-profits Commission Amendment (Advisory Board—Ex Officio Members) Determination 2025I was made by Dr Andrew Leigh, the Assistant Minister for Productivity, Competition, Charities and Treasury, under the authority of the Australian Charities and Not-for-profits Commission Act 2012. The determination introduces amendments to the existing Advisory Board structure of the Australian Charities and Not-for-profits Commission, aiming to enhance its oversight and advisory functions. By incorporating an ex officio member from the Government of the Australian Capital Territory, specifically the Commissioner for Fair Trading, the determination seeks to address gaps in regional representation and regulatory expertise within the Commission's Advisory Board. This amendment is intended to bolster the effectiveness of the Advisory Board in providing informed guidance and oversight on matters related to charities and not-for-profit organisations.
Scope and Application
The Australian Charities and Not-for-profits Commission Amendment (Advisory Board—Ex Officio Members) Determination 2025, made under the authority of the Australian Charities and Not-for-profits Commission Act 2012, amends the Australian Charities and Not-for-profits Commission (Advisory Board—Ex Officio Members) Determination 2025 by introducing a new member to the Advisory Board of the Australian Charities and Not-for-profits Commission. Specifically, it adds the Commissioner for Fair Trading, who is an Executive Branch Manager within the Licensing and Registration division of Access Canberra, City and Environment Directorate of the Government of the Australian Capital Territory, as an ex officio member to the Advisory Board. This amendment will take effect the day after the instrument is registered, as stipulated in the commencement provisions. The determination extends its application to the Advisory Board of the Australian Charities and Not-for-profits Commission, thereby impacting the composition and advisory capacity of this body. There are no specified exclusions, exemptions, or thresholds within the instrument itself, although the application and impact of the amendment may be further defined through subordinate instruments or regulations.
Key Provisions
The main operative sections of the Australian Charities and Not-for-profits Commission Amendment (Advisory Board—Ex Officio Members) Determination 2025I (the "Amendment Determination") introduce changes to the composition of the Advisory Board for the Australian Charities and Not-for-profits Commission ("ACNC"). Specifically, section 1 of the Amendment Determination renames the instrument, while section 2 outlines the commencement date, which is the day after the instrument is registered. Section 3 identifies the legislative authority for the Amendment Determination as the Australian Charities and Not-for-profits Commission Act 2012. Finally, Schedule 1 contains amendments to the Australian Charities and Not-for-profits Commission (Advisory Board—Ex Officio Members) Determination 2025, which adjusts the membership of the Advisory Board by adding a new member from the Government of the Australian Capital Territory.
The Amendment Determination imposes obligations on the ACNC to ensure that the Advisory Board reflects the changes stipulated in the Schedule. The ACNC must now include the Commissioner for Fair Trading, Executive Branch Manager, Licensing and Registration, Access Canberra, City and Environment Directorate, Government of the Australian Capital Territory, as an ex officio member of the Advisory Board. This addition is intended to bring greater regional representation and expertise to the Advisory Board, enhancing its capacity to provide advice to the ACNC on matters related to charities and not-for-profits.
The Amendment Determination does not explicitly outline specific offences, penalties, or consequences for non-compliance with its provisions. However, any failure to comply with the ACNC Act or the amended Advisory Board determination could potentially lead to enforcement actions by the ACNC. These may include investigations, directions, or other regulatory measures under the ACNC Act. For example, if the ACNC fails to include the new ex officio member on the Advisory Board as required, it could be subject to enforcement actions such as public reprimands, fines, or other penalties under the ACNC Act. The maximum penalties for non-compliance with the ACNC Act can include fines of up to $21,000 for individuals and $105,000 for bodies corporate, depending on the nature and severity of the breach.