Charities (Consequential Amendments and Transitional Provisions) Act 2013 (96 of 2013)
Schedule 2 Transitional provisions
Part 2 Registration
Division 1 Registered entities
3 Registration - old subtypes possibly equivalent to new subtypes
Registration
(1) The Commissioner of the ACNC is treated as having registered an entity under Division 30 of the ACNC Act on the commencement day as the subtype of entity mentioned in column 2 of an item of the table in subitem (3) if:
(a) on the day before the commencement day, the entity is registered as the subtype of entity mentioned in column 1 of that item; and
(b) the entity notifies the Commissioner that, on the commencement day, the entity meets the description of the subtype of entity mentioned in column 2 of that item.
Applications for registration
(2) An application for registration under Division 30 of the ACNC Act as the subtype of entity mentioned in column 1 of an item of the table in subitem (3) is treated, from the commencement day, as being an application for registration as the subtype of entity mentioned in column 2 of that item, if:
(a) the application was made before the commencement day; and
(b) on the day before the commencement day, the Commissioner of the ACNC had neither registered the applicant nor refused the application; and
(c) the applicant requests the Commissioner to treat the application as being an application for registration as the subtype of entity mentioned in column 2 of that item.
Table
(3) The table is as follows:
|
Corresponding subtypes |
||
|
Item |
Column 1 Subtype of entity mentioned in column 2 of the following item of the table in subsection 25-5(5) of the ACNC Act, as in force on the day before the commencement day: |
Column 2 Subtype of entity mentioned in column 2 of the following item of the table in subsection 25-5(5) of the ACNC Act, as amended by this Act: |
|
1 |
item 1 (relief of poverty, sickness or the needs of the aged) |
item 1 (health) |
|
2 |
item 1 (relief of poverty, sickness or the needs of the aged) |
item 3 (social or public welfare) |
|
3 |
item 4 (another purpose that is beneficial to the community) |
item 1 (health) |
|
4 |
item 4 (another purpose that is beneficial to the community) |
item 3 (social or public welfare) |
|
5 |
item 4 (another purpose that is beneficial to the community) |
item 5 (culture) |
|
6 |
item 4 (another purpose that is beneficial to the community) |
item 6 (reconciliation, mutual respect and tolerance between groups of individuals that are in Australia) |
|
7 |
item 4 (another purpose that is beneficial to the community) |
item 7 (human rights) |
|
8 |
item 4 (another purpose that is beneficial to the community) |
item 8 (advancing the security or safety of Australia or the Australian public) |
|
9 |
item 4 (another purpose that is beneficial to the community) |
item 9 (preventing or relieving the suffering of animals) |
|
10 |
item 4 (another purpose that is beneficial to the community) |
item 10 (natural environment) |
|
11 |
item 4 (another purpose that is beneficial to the community) |
item 11 (purposes beneficial to the general public and analogous to the other charitable purposes) |
|
12 |
item 4 (another purpose that is beneficial to the community) |
item 12 (advancing public debate) |
Notices and requests
(4) A notice given under paragraph (1)(b), or a request made under paragraph (2)(c), must be:
(a) in the approved form; and
(b) given to the Commissioner during the period of 18 months starting on the commencement day.
Note: Subdivision 175-B of the ACNC Act imposes an administrative penalty if the notice or request contains a statement that is false or misleading in a material particular.
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