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

CHAPTER 2 - REGISTRATION OF NOT FOR PROFIT ENTITIES  

PART 2-2 - AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS REGISTER  

Division 40 - Australian Charities and Not-for-profits Register  

SECTION 40-5   COMMISSIONER TO MAINTAIN AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS REGISTER  
Information

40-5(1)    
The Commissioner is to maintain a register (known as the Australian Charities and Not-for-profits Register) in which the Commissioner includes the following information:

(a)    the following information in respect of each registered entity:

(i) the entity ' s name;

(ii) the entity ' s contact details (including its address for service);

(iii) the entity ' s ABN;

(iv) the type of entity as which it is registered or has been registered;

(v) each subtype of entity (if any) as which it is registered or has been registered;

(vi) the date of effect of each such registration;

(vii) the entity ' s governing rules;

(b)    the following information in respect of each former registered entity:

(i) the entity ' s name;

(ii) the entity ' s ABN;

(iii) the type of entity as which it was registered;

(iv) each subtype of entity (if any) as which it was registered;

(v) the date of effect of each such registration;

(vi) the entity ' s governing rules;

(c)    the following details in respect of each responsible entity of each registered entity:

(i) the name of each responsible entity;

(ii) the position held by the responsible entity in relation to the registered entity;

(d)    information statements given by registered entities under Division 60 (except to the extent (if any) that information in an information statement is classified, in the approved form mentioned in section 60-5 , as " not for publication " );

(e)    financial reports, and any audit or review reports, given by registered entities under Division 60 ;

(f)    the details of the following matters (including a summary of why the matter arose, details regarding any response by the relevant registered entity and the resolution (if any) of the matter):

(i) each warning issued to a registered entity by the Commissioner under Division 80 ;

(ii) each direction issued to a registered entity by the Commissioner under Division 85 ;

(iii) each undertaking given by a registered entity and accepted by the Commissioner under Division 90 ;

(iv) each injunction (including interim injunctions) made under Division 95 ;

(v) each suspension or removal made under Division 100 ;

(g)    any other information:

(i) that the Commissioner is authorised to collect under a provision of this Act; and

(ii) that is specified in the regulations.

Note: Regulations made for the purposes of subsection 40-10(1) may provide that the Commissioner must not include information on the Register in certain circumstances.

40-5(2)    
The Commissioner must not include the information mentioned in paragraph (1)(f) before the end of 14 days after the day the warning or direction is issued, the undertaking is given, the injunction is made or the suspension or removal occurs, unless the Commissioner considers that the public interest requires the information to be included earlier.

Register to be maintained by electronic means

40-5(3)    
The Register is to be maintained by electronic means.

40-5(4)    
The Register is to be made available for public inspection on the internet.

Note: See section 150-35 for limitations on including personal information on the Register.