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

CHAPTER 3 - RESPONSIBILITIES OF REGISTERED ENTITIES  

PART 3-3 - DUTY TO NOTIFY  

Division 65 - Duty to notify  

SECTION 65-5   REGISTERED ENTITIES MUST NOTIFY COMMISSIONER OF CERTAIN MATTERS  

65-5(1)    
A registered entity must notify the Commissioner in the approved form if any of the following circumstances exist:

(a)    its name has changed;

(b)    its address for service has changed;

(c)    an entity has ceased to be, or has become, a responsible entity of the registered entity;

(d)    its governing rules have changed;

(e)    the circumstances described in subsection (2) .

Note: Section 175-35 provides for an administrative penalty for failing to give the Commissioner a notice required by this Act within the required time.

65-5(2)    
For the purposes of paragraph (1)(e) , the circumstances exist if:

(a)    the registered entity:

(i) has contravened a provision of this Act; or

(ii) has not complied with a governance standard or external conduct standard; and

(b)    the contravention or non-compliance is significant (see subsection (3) ); and

(c)    as a result of the contravention or non-compliance, any of the following apply:

(i) the registered entity is no longer entitled to be registered as a type of entity under Division 25 ;

(ii) the registered entity is no longer entitled to be registered as a subtype of entity under Division 25 .

65-5(3)    
For the purposes of paragraph (2)(b) , in determining whether the contravention or non-compliance is significant, take account of the following matters:

(a)    the nature, significance and persistence of any contravention or non-compliance;

(b)    the desirability of ensuring that contributions (see section 205-40 ) to the registered entity are applied consistently with the not-for-profit nature, and the purpose, of the registered entity.

65-5(4)    
The notification must be given:

(a)    as soon as practicable; and

(b)    subject to paragraph (c) - no later than 28 days after the registered entity first becomes aware of the circumstances mentioned in subsection (1) ; and

(c)    if the registered entity is a small registered entity and the notification relates only to circumstances mentioned in paragraph (1)(a) , (b) , (c) or (d) - no later than 60 days after the registered entity first becomes aware of those circumstances.

65-5(5)    
To avoid doubt, 2 or more notifications may be included in the same document.