Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 (169 of 2012)

Schedule 2   References to charities etc.

Part 7   Other amendments

Aged Care Act 1997

142   At the end of section 9-1

Add:

Providers registered under the Australian Charities and Not-for-profits Commission Act 2012

(6) Despite paragraph (1)(b), an approved provider is not obliged to notify the Secretary of a change to the approved provider's *key personnel if:

(a) the approved provider is registered under the Australian Charities and Not-for-profits Commission Act 2012; and

(b) the approved provider is required under that Act to notify the Commissioner of the ACNC of the change.

(7) An approved provider commits an offence if:

(a) the approved provider is a *corporation; and

(b) the approved provider is registered under the Australian Charities and Not-for-profits Commission Act 2012; and

(c) there is a change of any of the approved provider's *key personnel; and

(d) the approved provider is required under that Act to notify the Commissioner of the ACNC of the change; and

(e) the approved provider fails to notify the Commissioner of the change within the period required under that Act.

Penalty: 30 penalty units.

(8) An offence against subsection (7) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.