Australian Charities and Not-for-profits Commission (Consequential and Transitional) Amendment (Reporting) Regulations 2018

Administered by Department of the Treasury

Legislation au F2018L00604 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Assistant Minister to the Treasurer, Parliamentary Secretary to the Treasurer

Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012

Australian Charities and Not-for-profits Commission (Consequential and Transitional) Amendment (Reporting) Regulations 2018

The Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 (the Transitional Act) provides rules to enable an orderly transition from the administration of charities under the tax legislation to their administration under the Australian Charities and Not-for-profits Commission Act 2012 (ACNC Act).

Section 4 of the Transitional Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Transitional Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Transitional Act.

The purpose of the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Amendment (Reporting) Regulations 2018 (the Regulations) is to amend the Australian Charities and Not‑for‑profits Commission (Consequential and Transitional) Regulation 2016 (the Regulation) to reduce the regulatory burden on a transitional basis for entities (registered entities) registered with the Australian Charities and Not-for-profits Commission (ACNC). The Regulations do this by extending a transitional concession provided by the Transitional Act so that it applies to the 2017-18 and 2018-19 financial years. The transitional concession allows registered entities to submit financial reports produced for an Australian government agency to meet certain ACNC Act reporting obligations.  

The changes do not affect the substantive meaning or operation of the provisions.

Further details of the Regulations are set out in Attachment A.

The Transitional Act did not specify any conditions that were required to be satisfied before the power to make the Regulations was exercised.

Targeted consultation on the Regulations was undertaken with the ACNC, however, pursuant to section 17 of the Legislation Act 2003, no public consultation was undertaken on the Regulations as they are minor and machinery in nature.

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

The Regulations commenced the day after registration on the Federal Register of Legislation.

A Statement of Compatibility with Human Rights is at Attachment B. The Legislative Instrument is compatible with human rights as it does not raise any human rights issues.


Attachment A

Details of the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Amendment (Reporting) Regulations 2018

The attachment sets out further details of the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Amendment (Reporting) Regulations 2018 (Regulations).

Section 1 – Name of Regulations

This section provides that the title of the Regulations is the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Amendment (Reporting) Regulations 2018.

Section 2 – Commencement

This section provides that the Regulations commence the day after this instrument is registered.

Section 3 – Authority

This instrument is made under the Australian Charities and Not‑for‑profits Commission (Consequential and Transitional) Act 2012 (Transitional Act).

Section 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

Statements, reports and other documents given to other Australian government entities

The Regulations extend a transitional concession that allows registered entities to lodge with the Australian Charities and Not-for-profits Commission financial reports produced for an Australian government agency and have the reports satisfy certain Australian Charities and Not-for-profits Commission Act 2012 reporting obligations. The extension of the transitional reporting concession provided by the Transitional Act applies to the 2017-18 and 2018-19 financial years for the purposes of paragraph 10(4)(d) of Schedule 1 to the Transitional Act. [section 5]

 

Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Australian Charities and Not-for-profits Commission (Consequential and Transitional) Amendment (Reporting) Regulations 2018

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Amendment (Reporting) Regulations 2018 is to reduce the regulatory burden on entities registered with the Australian Charities and Not-for-profits Commission (registered entities). It does this by extending a reporting concession provided by the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 to the 2017-18 and 2018-19 financial years.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Australian Charities and Not-for-profits Commission (Consequential and Transitional) Amendment (Reporting) Regulations 2018 were enacted to address the need for a streamlined reporting process for entities registered with the Australian Charities and Not-for-profits Commission (ACNC). This regulatory amendment, issued by authority of the Assistant Minister to the Treasurer, aims to alleviate the regulatory burden on these registered entities by extending a transitional reporting concession that allows them to use financial reports prepared for other Australian government agencies to meet certain ACNC reporting requirements. The Concession was initially provided by the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 and has been extended to cover the 2017-18 and 2018-19 financial years. These regulations were made under the authority of the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 and commenced the day after their registration on the Federal Register of Legislation. The policy objective is to provide a temporary relief measure to reduce administrative costs for registered entities during the transition period.

Scope and Application

The Australian Charities and Not-for-profits Commission (Consequential and Transitional) Amendment (Reporting) Regulations 2018 applies to entities registered with the Australian Charities and Not-for-profits Commission, specifically targeting those registered entities that are subject to financial reporting requirements under the Australian Charities and Not-for-profits Commission Act 2012. These regulations extend a transitional concession to these entities, allowing them to submit financial reports produced for an Australian government agency to meet certain reporting obligations for the 2017-18 and 2018-19 financial years. The scope of the Act and its Regulations is limited to entities registered under the ACNC Act and does not extend to unregistered charities or non-profit organisations. The jurisdictional reach of these regulations is national, applying across Australia as a Commonwealth instrument. The regulations do not specify any exclusions or exemptions and operate as subordinate instruments to the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012, with the power to amend or repeal specified instruments detailed in Schedule 1. These regulations aim to reduce the regulatory burden on entities during a transitional period, ensuring compliance with the ACNC Act in a manner that is both feasible and proportionate.

Key Provisions

The Australian Charities and Not-for-profits Commission (Consequential and Transitional) Amendment (Reporting) Regulations 2018 (the Regulations) serve to modify the existing Australian Charities and Not-for-profits Commission (Consequential and Transitional) Regulation 2016, aiming to ease the regulatory burden on entities registered with the Australian Charities and Not-for-profits Commission (ACNC) for the financial years 2017-18 and 2018-19. This is achieved by extending a transitional concession under the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 (the Transitional Act) (section 5). This concession permits registered entities to use financial reports prepared for other Australian government agencies to meet certain reporting obligations under the Australian Charities and Not-for-profits Commission Act 2012 (ACNC Act) (Schedule 1, item 1). The Regulations impose specific obligations on entities registered with the ACNC, allowing them to utilise financial reports already submitted to other government agencies for compliance with ACNC reporting requirements during the specified financial years. This is intended to reduce administrative and financial burdens, thereby facilitating a smoother transition from the previous regulatory framework to the new one under the ACNC Act. The transitional nature of these provisions means they are not intended for indefinite use and are strictly limited to the 2017-18 and 2018-19 financial years. There are no specific offences or penalties outlined within the Regulations themselves. However, entities that fail to comply with the ACNC Act, including its reporting requirements, could face consequences such as fines, legal action, or other penalties as stipulated in the ACNC Act. The Transitional Act and the ACNC Act provide the framework for such enforcement actions. The primary focus of the Regulations is to provide a temporary relief measure rather than to introduce new enforcement mechanisms. In summary, the Regulations are designed to facilitate a transitional period for entities registered with the ACNC by allowing them to use existing financial reports for compliance purposes during the 2017-18 and 2018-19 financial years. This measure is intended to alleviate some of the burdens associated with the transition to the new regulatory environment established by the ACNC Act. While the Regulations do not introduce new offences or penalties, they are underpinned by the enforcement provisions of the ACNC Act, ensuring that entities remain accountable for their compliance obligations.

Legal classification tags

Area of Law
Charity Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Transitional Provisions

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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.