2010‑2011‑2012

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES

EXPOSURE DRAFT

Australian Charities and Not‑for‑profits Commission Bill 2012

No.      , 2012

(Treasury)

A Bill for an Act to establish the Australian Charities and Not‑for‑profits Commission and a national regulatory framework for the not‑for‑profit sector, and for related purposes

  

Contents
Chapter 1—Introduction	2
Part 1‑1—Preliminary, objects and functions	2
Division 1—Preliminary	2
1‑5	Short title	2
1‑10	Commencement	2
1‑15	Crown to be bound	3
1‑20	Extension to external Territories	3
Division 2—Objects, functions and application	4
2‑5	Object	4
2‑10	Functions of Commissioner	4
2‑15	Constitutional limits	5
Part 1‑2—A Guide to this Act	7
Division 3—Guide	7
3‑5	Guide	7
Chapter 2—Registration of not‑for‑profit entities	9
Part 2‑1—Registration	9
Division 4—Purpose of Part	9
4‑1	Purpose of Part	9
Division 5—Entitlement to registration	10
5‑10	Entitlement to registration	10
Division 10—Process of registration	13
Subdivision 10‑A—Application of Subdivision 10‑B to various kinds of registration	13
10‑5	Application of Subdivision 10‑426‑B to various kinds of registration	13
Subdivision 10‑B—Process of registration	13
10‑15	Applying for registration	13
10‑20	Dealing with an application for registration	13
10‑25	Notifying outcome of application for registration	14
10‑30	Date of effect of registration	14
10‑35	Review of refusal of registration	14
Subdivision 10‑C—Revoking registration	16
10‑55	Revoking registration	16
10‑57	Day when the entity’s registration is taken to be revoked	17
10‑60	Review of revocation of registration	17
10‑62	 Notice to registered entity to show cause	18
Subdivision 10‑D—Entries on Australian Business Register	18
10‑65	Entries on Australian Business Register	18
Chapter 3—Duties of registered entities	20
Part 3‑1—Duties of registered entities	20
Division 50—Record keeping	20
50‑5	Registered entities must keep records	20
Division 55—Reporting	22
Subdivision 55‑A—Annual information statements	22
55‑5	Registered entities must give annual information statements	22
Subdivision 55‑B—Annual financial reports	22
55‑10	Medium and large registered entities must give annual financial reports	22
55‑15	Contents of annual financial report	22
55‑20	Financial statements and notes	23
55‑25	Responsible individuals’ declaration	23
55‑30	Other requirements	23
55‑35	Medium and large registered entities must have annual financial reports audited	24
55‑40	Audit	24
55‑45	Audit to be conducted in accordance with auditing standards	25
55‑50	Audit working papers to be retained for 7 years	25
55‑55	Auditor’s independence declaration	25
55‑60	Auditor’s report on annual financial report	27
55‑65	Auditor’s power to obtain information	28
55‑70	Reporting to the Commissioner	28
Subdivision 55‑C—Errors in information statements and financial reports	30
55‑75	Errors in information statements and financial reports	30
Subdivision 55‑D—Additional reporting requirements	31
55‑80	Additional reporting requirements—particular registered entity	31
55‑85	Additional reporting requirements—classes of registered entities	32
Subdivision 55‑E—Substituted accounting periods	34
55‑90	Commissioner may approve a different accounting period	34
Chapter 4—Regulatory powers of the ACNC	35
Part 4‑1—Regulatory powers of the ACNC	35
Division 100—Australian Charities and Not‑for‑profits Register	35
100‑10	Commissioner to maintain Australian Charities and Not‑for‑profits Register	35
100‑20	Commissioner may withhold or remove information from Register	36
Division 120—Investigation powers	37
Subdivision 120‑A—Investigation powers	37
120‑10	Commissioner’s power	37
120‑20	Failure to comply	38
Subdivision 120‑B—Investigation powers	38
120‑100	General powers of investigation	38
Subdivision 120‑C—Warnings	40
120‑200	Commissioner may issue formal warning	40
Subdivision 120‑D—Authority to enter premises and inspection powers	40
120‑410	ACNC officer may enter premises by consent or under a warrant	40
120‑415	Inspection powers of ACNC officers	41
Subdivision 120‑E—Obligations and incidental powers of ACNC officers	43
120‑435	Consent	43
120‑440	Announcement before entry under warrant	44
120‑445	ACNC officer to be in possession of warrant	45
120‑450	Details of warrant etc. to be given to occupier	45
Subdivision 120‑F—Powers of magistrates	45
120‑460	Application for warrant	45
120‑470	Powers of magistrates	46
Division 140—Commissioner’s power to give directions	48
Subdivision 140‑A—Commissioner’s power to give directions	48
140‑10	Commissioner may give directions in certain circumstances	48
140‑15	Kinds of direction	48
140‑20	Power to comply with directions	50
140‑25	Variation and revocation of directions	50
Subdivision 140‑B—General provisions relating to directions	51
140‑110	Direction not grounds for denial of obligations	51
140‑110	Objections	52
140‑120	Non‑compliance with a direction	52
Division 141—Enforceable undertakings	54
141‑5	Enforceable undertakings	54
Division 142—Injunctions	55
142‑10	Injunctions	55
142‑15	Interim injunctions	55
142‑20	Discharge etc. of injunctions	56
142‑25	Certain limits on granting injunctions not to apply	56
142‑30	Other powers of the Court unaffected	57
Division 143—Suspension and removal of corporate responsible individuals etc.	58
Subdivision 143‑A—Suspension and removal of corporate responsible individuals	58
Subdivision 143‑B—Suspension and removal of trustees	58
143‑120	Subdivision applies to registered entity that is a trust	58
143‑125	Suspension or removal of trustees	58
143‑130	Commissioner to appoint acting trustee in cases of suspension or removal	60
143‑135	Terms and conditions of appointment of acting trustee	60
143‑140	Termination of appointment of acting trustee	60
143‑145	Resignation of acting trustee	60
143‑150	Property vesting orders	61
143‑155	Powers of acting trustee	61
143‑160	Commissioner may give directions to acting trustee	62
143‑165	Property vested in acting trustee—former trustees’ obligations relating to books, identification of property and transfer of property	62
Part 4‑2—Reviews and appeals	64
Chapter 5—The Australian Charities and Not‑for‑profits Commission	65
Part 5‑1—The ACNC	65
Division 160—Establishment and function of the ACNC	65
160‑5	Establishment	65
160‑10	Constitution of the ACNC	65
160‑15	Function of the ACNC	65
160‑20	ACNC to have the privileges and immunities of the Crown	65
Part 5‑2—The Commissioner	66
Division 161—Establishment, functions and powers of the Commissioner	66
161‑5	Establishment	66
161‑10	Powers of Commissioner	66
161‑15	Working with the Advisory Board	66
Division 162—Terms and conditions of appointment	67
162‑5	Appointment	67
162‑10	Term of appointment	67
162‑15	Acting Commissioner	67
162‑20	Remuneration	68
162‑25	Leave of absence	68
162‑30	Disclosure of interests to the Minister	68
162‑35	Outside employment	68
162‑40	Other terms and conditions	68
162‑45	Resignation	69
162‑50	Termination of appointment	69
162‑55	Delegation	69
Division 163—Staff and consultants	70
163‑5	Staff	70
163‑15	Consultants	70
Part 5‑3—Finance and reporting requirements	71
Division 164—ACNC Special Account	71
164‑5	ACNC Special Account	71
164‑10	Credits to the Account	71
164‑15	Purposes of the Account	71
Division 165—Annual report	73
165‑5	Annual report	73
Chapter 6—The Advisory Board	74
Part 6‑1—The Advisory Board	74
Division 170—Establishment, functions and powers	74
170‑5	Establishment	74
170‑10	Membership	74
170‑15	Function of Advisory Board	74
Division 171—Terms and conditions of appointment of members of the Advisory Board	75
171‑5	Appointment	75
171‑10	Term of appointment	75
171‑15	Remuneration and allowances	75
171‑20	Standing obligation to disclose interests	76
171‑25	Other terms and conditions	76
171‑30	Resignation	76
171‑40	Termination of appointment	76
Division 172—Advisory Board procedures	77
172‑5	Meetings of the Advisory Board	77
Chapter 7—Miscellaneous	79
Part 7‑1—Secrecy and whistleblower protection	79
Division 180—Secrecy	79
Subdivision 180‑A—Application of Division	79
180‑5	Objects of Division	79
180‑10	Application of Division	79
Subdivision 180‑B—Disclosure of protected information by ACNC officers	80
180‑10	Meaning of protected Commission information and ACNC officer	80
180‑15	Offence—Disclosure or use of protected Commission information	80
180‑20	Offence—On‑disclosure of protected Commission information	81
180‑25	Authorised disclosure—to advance the objects of the Act	82
180‑30	Authorised disclosure—to an authority of the Commonwealth, a State or a Territory	82
180‑35	Authorisation—Authorised disclosure and consent	82
180‑40	Authorised disclosure—lawfully made available to the public	82
180‑45	Authorised disclosure—to the Advisory Board	83
Division 181—Whistleblower protection	84
Part 7‑2—Common rules about penalties	85
Division 190—General criminal penalties	85
Division 195—Administrative penalties	86
Subdivision 195‑A—False or misleading statements	86
Subdivision 195‑B—Failing to lodge documents in time	86
Subdivision 195‑C—Miscellaneous administrative penalties	86
Subdivision 195‑D—Machinery provisions for administrative penalties	86
Part 7‑3—Application of the Act to certain non‑legal entities	87
Part 7‑4—Forms and regulations	88
Division 196—Requirements about giving material	88
Subdivision 196‑A—Object of Division	88
196‑5	Object of Division	88
Subdivision 196‑B—General provisions	88
196‑50	Approved forms	88
196‑55	Commissioner may defer time for lodgement	89
196‑60	Declaration by entity	89
196‑65	Declaration by entity where agent gives document	89
196‑70	Declaration by agent	90
196‑75	Signing declarations	90
Division 197—Address for service	92
197‑5	Address for service	92
197‑10	How documents may be given	92
Division 198—Regulations	94
198‑5	Regulations	94
Chapter 8—Interpretation	95
Part 8‑1—Core concepts	95
Division 210—Core concepts	95
210‑5	Entities	95
210‑10	Small, medium and large registered entities	96
210‑15	Responsible individuals	96
210‑20	Purposes for which a registered entity is registered	97
Part 8‑2—Dictionary	99
Division 900—Dictionary	99
900‑5	Dictionary	99

A Bill for an Act to establish the Australian Charities and Not‑for‑profits Commission and a national regulatory framework for the not‑for‑profit sector, and for related purposes
The Parliament of Australia enacts:
 Chapter 1—Introduction
Part 1‑1—Preliminary, objects and functions
Division 1—Preliminary
1‑5  Short title
		This Act may be cited as the Australian Charities and Not‑for‑profits Commission Act 2012.
1‑10  Commencement
	(1)	Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information	
Column 1	Column 2	Column 3	
Provision(s)	Commencement	Date/Details	
1.  Sections 1‑5 and 1‑10 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.		
2.  Sections 1‑15  to 210‑20.	1 July 2012	1 July 2012	
Note: 	This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
	(2)	Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
1‑15  Crown to be bound
	(1)	This Act binds the Crown in each of its capacities.
	(2)	This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
1‑20  Extension to external Territories
		This Act extends to every external Territory.

Division 2—Objects, functions and application
2‑5  Object
Object of this Act
	(1)	The object of this Act is to promote public trust and confidence in not‑for‑profit entities that provide public benefits.
Furthering the object of this Act
	(2)	To further this object:
	(a)	this Act aims to:
	(i)	promote the good governance, accountability (to donors, to governments and to the public generally) and transparency of such entities (including through the provision of educational information to them and the provision of information to the public about them); and
	(ii)	minimise regulatory duplication and simplify such entities’ interactions with governments; and
	(b)	this Act establishes a process for registering and regulating such entities.
Note:	Other legislation of the Commonwealth, the States and the Territories may confer concessions, grants and other support in relation to such entities on the basis of their registration under this Act.
2‑10  Functions of Commissioner
		This Act establishes the Commissioner of the ACNC (see section 160‑5). The Commissioner has the following functions:
	(a)	registering not‑for‑profit entities that provide public benefits;
	(b)	promoting the good governance, accountability (to donors, to governments and to the public generally) and transparency of such entities;
	(c)	providing, in order to further the object of this Act:
	(i)	educational information to such entities; and
	(ii)	information about such entities to the public and to governments (including through the Commissioner’s website);
	(d)	providing a point of contact with government for such entities in order to minimise regulatory duplication and simplify their interactions with governments; 
	(e)	monitoring such entities, in order to further the object of this Act;
	(f)	investigating such entities, in order to further the object of this Act;
	(g)	enforcing this Act;
	(h)	cooperating with other Australian government authorities, in order to further the object of this Act;
	(i)	any other function conferred by this Act or another Act (or an instrument under this Act or another Act) on the Commissioner.
2‑15  Constitutional limits
		The Commissioner may perform the functions, and exercise the powers, that this Act confers on him or her only:
	(a)	where it is necessary in order to administer taxation laws; or
	(b)	in relation to entities that are:
	(i)	constitutional corporations; or
	(ii)	trusts, all the trustees of which are constitutional corporations; or
	(c)	in, or for purposes relating to, a Territory (including in relation to activities or parts of activities done solely within a Territory); or
	(d)	for purposes relating to external affairs, including:
	(i)	by way of the performance of the Commissioner’s functions in a place outside Australia; or
	(ii)	in relation to activities done solely outside Australia; or
	(e)	for purposes relating to the granting of financial assistance to a State; or
	(f)	for purposes relating to the executive power of the Commonwealth; or
	(g)	for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.
Note to Division 2:	Additional provisions will also be included to clarify the operation of parts of the Bill (including Ch 4) having regard to the constitutional basis of the Bill.  These provisions will further elaborate on its application in relation to particular entities and circumstances.

Part 1‑2—A Guide to this Act
Division 3—Guide
3‑5  Guide
Background
		The not‑for‑profit sector plays a unique role in Australia and is funded by donations from members of the public and by tax concessions, grants and other support from Australian governments.
		This Act recognises that because of their unique role not‑for‑profit entities must be accountable to donors, governments and to the public more generally.
		It is intended that this Act will promote public trust and confidence in the not‑for‑profit sector by the establishment of a national regulatory system that will promote the good governance, accountability and transparency of not‑for‑profit entities.
The Commissioner
		This Act establishes a national regulator for the not‑for‑profit sector (including charities). The regulator is the Commissioner of the Australian Charities and Not‑for‑profits Commission (the ACNC).
		The Commissioner of the ACNC will provide not‑for‑profit entities with a point of contact with government and will provide them with access to information about the sector and educational and guidance materials (including through the Commissioner’s website).
		Other functions of the Commissioner include the following:
	(a)	registering not‑for‑profit entities; 
	(b)	promoting the good governance, accountability and transparency of such entities;
	(c)	monitoring not‑for‑profit entities to ensure compliance with this Act;
	(d)	investigating not‑for‑profit entities to ensure compliance with this Act;
	(e)	enforcing this Act;
	(f)	cooperating with other government entities, in order to further the object of this Act.

Chapter 2—Registration of not‑for‑profit entities
Part 2‑1—Registration
Division 4—Purpose of Part
4‑1  Purpose of Part
	(1)	Various Commonwealth laws provide benefits, including tax concessions, to not‑for‑profit entities that provide public benefits. It is the intention of the Parliament that many of these benefits only be available to entities in which the public can have trust and confidence because of the entities’ good governance, accountability (to donors, to governments and to the public generally) and transparency.
	(2)	To this end, this Part provides for:
	(a)	the registration of entities that provide public benefits; and
	(b)	the deregistration of registered entities in circumstances where public trust and confidence in the entities is or may be undermined.
	(3)	Other Commonwealth laws provide for the benefits of registration.

Division 5—Entitlement to registration
5‑10  Entitlement to registration
	(1)	An entity that meets the requirements in subsection (1A) is entitled:
	(a)	to registration as a type of registered entity, if it meets the description of that type of registered entity in column 2 of the table in subsection (3); and
	(b)	to registration as a subtype of registered entity, if:
	(i)	it meets the description of that subtype of registered entity in column 3 of the table in subsection (3); and
	(ii)	it is entitled to registration as the type of registered entity that corresponds to that subtype of registered entity.
	(1A)	The requirements are as follows:
	(a)	the entity is a not‑for‑profit entity;
	(b)	the entity meets the governance requirements set out in the governance section of this Act;
	(c)	the entity has an ABN;
	(d)	the entity has not previously been a registered entity;
	(e)	the entity is not an entity that:
	(i)	is a terrorist entity, criminal entity, outlaw entity or similar entity; and
	(ii)	is prescribed in the regulations.
	(2)	To avoid doubt, an entity may be entitled to registration as:
	(a)	one or more types of registered entity; and
	(b)	one or more subtypes of registered entity.
	(3)	The table is as follows:

Entitlement to registration	
Item	Type of registered entity	Subtype of registered entity	
1	Charitable purpose	Public benevolent institution	
2		Advancement of health 	
3		Advancement of education	
4		Advancement of social and community welfare (including the prevention of poverty)	
5		Advancement of religion	
6		Advancement of culture (including Australian Indigenous culture and customs)	
7		Advancement of natural environment  	
8		Prevention and relief of suffering of animals 	
9		Promotion and protection of civil and human rights 	
10		Protection and safety of the general public 	
11		Promotion of reconciliation, mutual respect and tolerance in Australia	
12		Promotion of other purposes beneficial to the community	
13	Promotion of Australian industry 	Promotion of the development of aviation or tourism	
14		Promotion of the development of agricultural resources	
15		Promotion of the development of horticultural resources	
16		Promotion of the development of industrial resources	
17		Promotion of the development of manufacturing resources	
18		Promotion of the development of pastoral resources	
19		Promotion of the development of viticultural resources	
20		Promotion of the development of aquacultural resources	
21		Promotion of the development of fishing resources	
22		Promotion of the development of Australian information and communications technology resources	
23	Encouragement of community entertainment 	Encouragement of animal racing	
24		Encouragement of art	
25		Encouragement of games or sport	
26		Encouragement of literature	
27		Encouragement of music or musical purposes	
28	Scientific purpose	Not applicable	
29	Advance and further the interest of employees or employers 	Trade union 	
30		Advance and further the interest of employees (registered or recognised under the Fair Work (Registered Organisations) Act 2009)	
31		Advance and further the interest of employers (registered or recognised under the Fair Work (Registered Organisations) Act 2009)	
32	Community service purpose (except political or lobbying purpose)	Not applicable	

Division 10—Process of registration
Subdivision 10‑A—Application of Subdivision 10‑B to various kinds of registration
10‑5  Application of Subdivision 10‑426‑B to various kinds of registration
		This Division applies separately in relation to each of these kinds of registration:
	(a)	registration as a type of registered entity;
	(b)	registration as a subtype of registered entity.
Subdivision 10‑B—Process of registration
10‑15  Applying for registration
	(1)	An entity may apply to the Commissioner for registration.
	(2)	The application must be in the approved form.
10‑20  Dealing with an application for registration
Requiring further information or documents
	(1)	The Commissioner may require an applicant to give the Commissioner specified information, or a specified document, that the Commissioner needs in order to decide whether the applicant is entitled to registration.
Treating application as being refused
	(2)	After the time worked out under subsection (3), the applicant may give the Commissioner written notice that the applicant wishes to treat the application as having been refused, if the Commissioner has not given the applicant before that time written notice that the Commissioner has registered or refuses to register the applicant.
Note:	Section 10‑25 requires the Commissioner to give the applicant written notice if the Commissioner registers or refuses to register the applicant.
	(3)	The time is the end of the 60th day after the application was made. However, if before that time the Commissioner requires the applicant under subsection (1) to give information or a document, the time is the later of the following (or either of them if they are the same):
	(a)	the end of the 28th day after the last day on which the applicant gives the Commissioner information or a document he or she has required;
	(b)	the end of the 60th day after the application was made.
	(4)	If the applicant gives notice under subsection (2), section 10‑35 operates as if the Commissioner has refused the application on the day on which the notice is given.
Note:	Section 10‑35 lets the applicant object against refusal of an application in the manner set out in Part IVC of the Taxation Administration Act 1953. That Part provides for review of the refusal objected against.
	(5)	The notice given by the applicant must be in the approved form.
10‑25  Notifying outcome of application for registration
		The Commissioner must give the applicant written notice if:
	(a)	the Commissioner registers the applicant; or
	(b)	the Commissioner refuses to register the applicant.
10‑30  Date of effect of registration
		The registration has effect from a date specified by the Commissioner. 
10‑35  Review of refusal of registration
		If the applicant is dissatisfied with the Commissioner’s refusal to register the applicant in accordance with the application, the applicant may object against the refusal in the manner set out in Part IVC of the Taxation Administration Act 1953.
Note:	That Part provides for review of the refusal objected against.
Note:	This section will be reviewed and amended when the review and appeal provisions are drafted.

Subdivision 10‑C—Revoking registration
10‑55  Revoking registration 
	(1)	The Commissioner may revoke the registration of a registered entity if the Commissioner is satisfied that any of the following conditions are satisfied:
	(a)	the registered entity is not entitled to be registered;
	(b)	the registered entity provided, in connection with its application for registration, information that was false or misleading in a material particular;
	(c)	the registered entity has failed to comply with:
	(i)	this Act or the regulations; or
	(ii)	a direction given under Division 140;
	(d)	the registered entity is insolvent, or is likely to become insolvent at some future time;
	(e)	the continuing registration of the registered entity may cause harm to, or jeopardise, the public trust and confidence mentioned in subsection 2‑5(1) (Object of this Act).
	(2)	Section 459C of the Corporations Act 2001 (presumption of insolvency) has effect for the purposes of paragraph (1)(d).
	(3)	The revocation must be in writing.
	(4)	The revocation must specify the day on which the entity’s registration is taken to be revoked. The specified day must be:
	(a)	if the reason for the revocation is that the entity is not entitled to be registered or that the registered entity provided, in connection with its application for registration, information that was false or misleading in a material particular:
	(i)	the day on which the revocation is made; or
	(ii)	a later day; or
	(iii)	an earlier day (but not earlier than the day on which the entity first ceased to be entitled); or
	(b)	otherwise:
	(i)	the day on which the revocation is made; or
	(ii)	a later day.
	(5)	The Commissioner must give the entity written notice if the Commissioner revokes its registration.
	(6)	The Commissioner may revoke the registration of an entity under subsection (1) without having regard to the following:
	(a)	whether or not the Commissioner has issued a show cause notice to the entity under section 10‑62;
	(b)	if the Commissioner has issued such a notice to the entity—whether or not the entity has responded to the notice.
10‑57  Day when the entity’s registration is taken to be revoked
	(1)	Subject to this section, the entity’s registration is taken to be revoked on the day specified in the revocation.
	(2)	Despite subsection (1), the revocation does not take effect until:
	(a)	unless paragraph (b) applies—60 days after the day on which the revocation is made; or
	(b)	if the entity objects to the revocation under the relevant rules within that 60 day period, and the objection is unsuccessful— when the objection is resolved.
Example:	The Commissioner makes a revocation on 1 March 2014, specifying that the day on which the entity’s registration is taken to be revoked is 1 February 2014. The entity objects to the revocation on 1 April 2014. The objection is unsuccessful, and is resolved on 1 May 2014. Under this section, the revocation takes effect on 1 May 2014, and the entity’s registration is taken to be revoked on 1 February 2014.
10‑60  Review of revocation of registration
		If the entity is dissatisfied with the revocation of its registration, the entity may object against the revocation in the manner set out in Part IVC of the Taxation Administration Act 1953.
Note:	That Part provides for review of the revocation objected against.
Note:	This section will be reviewed and amended when the review and appeal provisions are drafted.
10‑62   Notice to registered entity to show cause
	(1)	If the Commissioner believes on reasonable grounds that a registered entity is not entitled to be registered, the Commissioner may give a written notice (a show cause notice) to the registered entity. 
	(2)	The show cause notice must:
	(a)	state the grounds on which the notice is given; and
	(b)	invite the registered entity to give the Commissioner, within 10 business days after the day the notice is given, a written statement showing cause why the Commissioner should not revoke the registration of the entity.
Subdivision 10‑D—Entries on Australian Business Register
10‑65  Entries on Australian Business Register
	(1)	If an entity is registered in accordance with this Division, the Australian Business Registrar must enter in the Australian Business Register a statement that the entity is so registered for a specified period.
	(1A)	However, the registrar need only enter a statement if the registered entity has also been endorsed to access a tax concession under Division 426 in Schedule 1 to the Taxation Administration Act 1953.
	(2)	The Australian Business Registrar may remove the statement from the Australian Business Register after the end of the period.
	(3)	The Australian Business Registrar must take reasonable steps to ensure that a statement appearing in the Australian Business Register under this section is true. For this purpose, the Registrar may:
	(a)	change the statement; or
	(b)	remove the statement from the Register if the statement is not true; or
	(c)	remove the statement from the Register and enter another statement in the Register under this section.
	(4)	Making, changing or removing an entry in the Australian Business Register as required or permitted by this section does not contravene section 180‑15 or 180‑20.

Chapter 3—Duties of registered entities
Part 3‑1—Duties of registered entities
Division 50—Record keeping
50‑5  Registered entities must keep records
Registered entities must keep records
	(1)	A registered entity must keep financial records that:
	(a)	correctly record and explain its transactions and financial position and performance; and
	(b)	would enable true and fair financial statements to be prepared and audited or reviewed.
	(2)	A registered entity must also keep records that:
	(a)	correctly record and explain its operations and acts; and
	(b)	would enable the Commissioner to assess properly the entity’s entitlement to be, or to remain, registered.
	(3)	The records must be:
	(a)	in English; or
	(b)	readily accessible and easily convertible into English.
Registered entities must retain records
	(4)	The registered entity must retain the records for 5 years after the transactions, operations or acts covered by the records are completed, unless the Commissioner notifies the entity that the entity does not need to retain the record.
Offence
	(5)	A registered entity commits an offence if the entity does not comply with this section.
Penalty:	30 penalty units.
	(6)	Subsection (5) is an offence of strict liability.
Note:	For strict liability, see section 6.1 of the Criminal Code.

Division 55—Reporting
Subdivision 55‑A—Annual information statements
55‑5  Registered entities must give annual information statements
	(1)	A registered entity must give a statement (an information statement) for a financial year to the Commissioner in the approved form.
Note:	The Commissioner may approve different approved forms for small, medium and large registered entities.
	(2)	The registered entity must give the statement to the Commissioner no later than 31 October in the following financial year.
Note:	Section 196‑55 allows the Commissioner to defer the time for giving an approved form.
Subdivision 55‑B—Annual financial reports
55‑10  Medium and large registered entities must give annual financial reports
	(1)	A medium registered entity or a large registered entity must give to the Commissioner a financial report for a financial year.
	(2)	The registered entity must give the financial report to the Commissioner no later than 31 October in the following financial year. 
55‑15  Contents of annual financial report
		A registered entity’s financial report for a financial year consists of:
	(a)	the registered entity’s financial statements for the year; and
	(b)	the notes to the financial statements; and
	(c)	the responsible individuals’ declaration about the statements and notes.
55‑20  Financial statements and notes
	(1)	The financial statements for the financial year are the financial statements in relation to the registered entity required by the accounting standards.
	(2)	The notes to the financial statements are:
	(a)	disclosures required by the regulations; and
	(b)	notes required by the accounting standards; and
	(c)	any other information necessary to give a true and fair view (see subsection (4)).
	(3)	The financial statements and notes must comply with the accounting standards.
	(4)	The financial statements and notes must give a true and fair view of the financial position and performance of the registered entity.
55‑25  Responsible individuals’ declaration
	(1)	The responsible individuals’ declaration is a declaration by the responsible individuals of the registered entity: 
	(a)	whether, in their opinion, there are reasonable grounds to believe that the registered entity will be able to pay its debts as and when they become due and payable; and
	(b)	whether, in their opinion, the financial statements and notes are in accordance with this Act.
	(2)	The declaration must be signed by a responsible individual who is authorised to do so by the responsible individuals.
55‑30  Other requirements
		The financial report must comply with any further requirements in:
	(a)	the regulations; or
	(b)	a legislative instrument made by the Commissioner for the purposes of this paragraph;
unless the Commissioner, by notice published on the ACNC’s website, provides otherwise.
55‑35  Medium and large registered entities must have annual financial reports audited
	(1)	A medium registered entity must:
	(a)	unless the Commissioner, by written notice given to the registered entity, provides that this paragraph does not apply—have its financial report for a financial year reviewed; or
	(b)	do both of the following:
	(i)	have its financial report for a financial year audited in accordance with this Subdivision;
	(ii)	obtain an auditor’s report.
	(2)	A large registered entity must:
	(a)	have its financial report for a financial year audited in accordance with this Subdivision; and
	(b)	obtain an auditor’s report.
55‑40  Audit
	(1)	The audit or review must be undertaken by a registered company auditor (within the meaning of the Corporations Act 2001).	
	(2)	In the case of a review of the financial report of a medium registered entity, an individual who is taken to be a registered company auditor under section 324BE of the Corporations Act 2001 is taken to be a registered company auditor for the purposes of this Subdivision.
Note:	Section 324BE of the Corporations Act 2001 applies to certain members of professional accounting bodies.
	(3)	The auditor must form an opinion about:
	(a)	whether the financial report is in accordance with this Act; and
	(b)	whether the auditor has been given all information, explanation and assistance necessary for the conduct of the audit or review; and
	(c)	whether the registered entity has kept financial records sufficient to enable a financial report to be prepared and audited or reviewed; and
	(d)	whether the registered entity has kept other records as required by this Act.
55‑45  Audit to be conducted in accordance with auditing standards
	(1)	The auditor must conduct the audit or review in accordance with the auditing standards.
Offence
	(2)	The auditor commits an offence if the auditor does not comply with this section.
Penalty:	50 penalty units.
	(3)	Subsection (2) is an offence of strict liability.
Note:	For strict liability, see section 6.1 of the Criminal Code.
55‑50  Audit working papers to be retained for 7 years
	(1)	The auditor must retain all audit or review working papers as set out under section 307B of the Corporations Act 2001.
	(2)	The auditor commits an offence if the auditor does not comply with this section.
Penalty:	50 penalty units.
	(3)	Subsection (2) is an offence of strict liability.
Note:	For strict liability, see section 6.1 of the Criminal Code.
55‑55  Auditor’s independence declaration
	(1)	The auditor must give to the responsible individuals of the registered entity:
	(a)	a written declaration that, to the best of the auditor’s knowledge and belief, there have been:
	(i)	no contraventions of the auditor independence requirements in relation to the audit or review; and
	(ii)	no contraventions of any applicable code of professional conduct in relation to the audit or review; or
	(b)	a written declaration that, to the best of the individual auditor’s knowledge and belief, the only contraventions of:
	(i)	the auditor independence requirements in relation to the audit or review; or
	(ii)	any applicable code of professional conduct in relation to the audit or review;
		are those contraventions details of which are set out in the declaration.
	(2)	The auditor must give the declaration to the responsible individuals when the auditor gives the auditor report to the responsible individuals.
	(3)	The auditor must sign the declaration.
Self‑incrimination
	(4)	The auditor is not excused from giving the declaration on the ground that giving the declaration might tend to incriminate the auditor or expose the auditor to a penalty.
	(5)	However, neither:
	(a)	the information included in the declaration; nor
	(b)	any information, document or thing obtained as a direct or indirect consequence of including the information in the declaration;
is admissible in evidence against the auditor in any criminal proceedings, or in any proceedings that would expose the auditor to a penalty, other than proceedings for an offence against:
	(c)	subsection (6); or
	(d)	section 137.1 or 137.2 of the Criminal Code (false or misleading information or documents) in relation to the declaration.
Offence
	(6)	The auditor commits an offence if the auditor does not comply with this section.
Penalty: 10 penalty units.
	(7)	Subsection (6) is an offence of strict liability.
Note:	For strict liability, see section 6.1 of the Criminal Code.
55‑60  Auditor’s report on annual financial report
	(1)	This section applies in the case of an audit.
	(2)	The auditor must report to the responsible individuals of the registered entity on whether the auditor is of the opinion that the financial report is in accordance with this Act. If the auditor is not of that opinion, the auditor’s report must say why.
	(3)	If the auditor is of the opinion that the financial report does not comply with this Act, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the financial report. If it is not practicable to quantify the effect fully, the report must say why.
	(4)	The auditor’s report must describe:
	(a)	any defect or irregularity in the financial report; and
	(b)	any deficiency, failure or shortcoming in respect of the matters referred to in paragraph 55‑40(2)(b), (c) or (d).
	(5)	The auditor’s report must include any statements or disclosures required by the auditing standards.
Offence
	(6)	The auditor commits an offence if the auditor does not comply with this section.
	(7)	Subsection (5) is an offence of strict liability.
Note:	For strict liability, see section 6.1 of the Criminal Code.
55‑65  Auditor’s power to obtain information
		The auditor:
	(a)	has a right of access at all reasonable times to the books of the registered entity; and
	(b)	may require any responsible individual of the registered entity to give the auditor information, explanations or other assistance for the purposes of the audit or review.
A requirement under paragraph (b) must be a reasonable one.
55‑70  Reporting to the Commissioner
	(1)	The auditor commits an offence if:
	(a)	the auditor is aware of circumstances that:
	(i)	the auditor has reasonable grounds to suspect amount to a contravention of this Act; or
	(ii)	amount to an attempt, in relation to the audit or review, by any person to unduly influence, coerce, manipulate or mislead the auditor; or
	(iii)	amount to an attempt, by any person, to otherwise interfere with the proper conduct of the audit or review; and
	(b)	if subparagraph (a)(i) applies:
	(i)	the contravention is a significant one; or
	(ii)	the contravention is not a significant one and the auditor believes that the contravention has not been or will not be adequately dealt with by commenting on it in the auditor’s report or bringing it to the attention of the responsible individuals; and
	(c)	the auditor does not notify the Commissioner in writing of those circumstances as soon as practicable, and in any case within 28 days, after the auditor becomes aware of those circumstances.
Penalty:	50 penalty units.
	(2)	Subsection (1) is an offence of strict liability.
Note:	For strict liability, see section 6.1 of the Criminal Code.
Significant contraventions
	(3)	In determining for the purposes of this section whether a contravention of this Act is a significant one, have regard to:
	(a)	the level of penalty provided for in relation to the contravention; and
	(b)	the effect that the contravention has, or may have, on:
	(i)	the overall financial position of the registered entity; or
	(ii)	the adequacy of the information available about the overall financial position of the registered entity; and
	(c)	any other relevant matter.

Subdivision 55‑C—Errors in information statements and financial reports
55‑75  Errors in information statements and financial reports
	(1)	This section applies if:
	(a)	a registered entity gives its information statement or financial report for a financial year to the Commission at a time; and
	(b)	after that time, the registered entity identifies a material error in the statement or report.
	(2)	The registered entity must give a corrected statement or report to the Commissioner within 28 days after the registered entity identifies the error.

Subdivision 55‑D—Additional reporting requirements
55‑80  Additional reporting requirements—particular registered entity
Additional report or additional reporting requirements
	(1)	The Commissioner may:
	(a)	determine, in writing, that a particular registered entity must prepare a report in addition to any other statement or report the registered entity is required to prepare; or
	(b)	determine, in writing, that a particular registered entity must:
	(i)	include particular additional information in an information statement or financial report; or
	(ii)	meet particular additional requirements in relation to the manner in which an information statement or financial report is to be prepared.
Note:	This section applies to all registered entities.
	(2)	A determination under subsection (1) is not a legislative instrument.
Additional reports
	(3)	A determination under paragraph (1)(a) must specify:
	(a)	the information to be included in the report; and
	(b)	any other requirements to be met in relation to the manner in which the report is prepared.
	(4)	A determination under paragraph (1)(a) may require the report to be prepared:
	(a)	for a particular period or periods; or
	(b)	in relation to circumstances as they exist as at a particular date or dates.
This subsection does not limit subsection (3).
	(5)	The determination may require the report to be prepared for all periods of a particular kind that start or end on or after a date specified in the determination. This subsection does not limit subsection (3).
Determination
	(6)	A determination under subsection (1) may be in respect of a past or future period but if it is in respect of a past period, the determination must be made no later than 6 years after the end of that period.
	(7)	The Commissioner must give the registered entity written notice of the making of the determination.
55‑85  Additional reporting requirements—classes of registered entities 
Additional reports or additional reporting requirement

	(1)	The Commissioner may:
	(a)	make a determination in writing requiring a particular class of registered entities to prepare a report in addition to any information statement or financial report the entities are required to prepare; or
	(b)	make a determination in writing requiring a particular class of registered entities to:
	(i)	include particular additional information in an information statement or financial report; or
	(ii)	meet particular additional requirements in relation to the manner in which an information statement or financial report is prepared.
	(2)	A determination under subsection (1) is a legislative instrument.
Additional reports
	(3)	A determination under paragraph (1)(a) must specify:
	(a)	the information to be included in the report; and
	(b)	any other requirements to be met in relation to the manner in which the report is prepared.
	(4)	A determination under paragraph (1)(a) may require the report to be prepared:
	(a)	for a particular period or periods; or
	(b)	in relation to circumstances as they exist as at a particular date or dates.
This subsection does not limit subsection (3).
	(5)	The determination may require the report to be prepared for all periods of a particular kind that start or end on or after a date specified in the determination. This subsection does not limit subsection (4).
Determinations
	(6)	A determination under subsection (1):
	(a)	may be expressed to be subject to conditions; and
	(b)	may be in respect of a past or future period but if it is in respect of a past period, the determination must be made no later than 6 years after the end of that period.

Subdivision 55‑E—Substituted accounting periods
55‑90  Commissioner may approve a different accounting period
	(1)	The Commissioner may allow a registered entity to adopt an accounting period which is a period of 12 months ending on a day other than 30 June (that is, a 12‑month period that does not align with the financial year), if the registered entity applies to the Commissioner in the approved form.
	(2)	If the registered entity adopts such an accounting period, this Division applies in relation to a financial year that starts after the entity adopts the new accounting period as if:
	(a)	each reference in this Division (including this section, but not including this paragraph) to the financial year were a reference to the accounting period that starts during the financial year; and
	(b)	the reference in subsection 55‑5(2) to 31 October were a reference to the last day of the fourth month after the end of the accounting period.
	(3)	The Commissioner may provide whatever directions are reasonably necessary and appropriate to transition a registered entity from one accounting period to another. The directions must be in writing and given to the registered entity.

Chapter 4—Regulatory powers of the ACNC
Part 4‑1—Regulatory powers of the ACNC
Division 100—Australian Charities and Not‑for‑profits Register
100‑10  Commissioner to maintain Australian Charities and Not‑for‑profits Register
	(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:
	(a)	the name of each registered entity;
	(b)	the name of each former registered entity;
	(c)	the contact details of each registered entity;
	(d)	the contact details of each former registered entity;
	(e)	the ABN of each registered entity;
	(f)	the ABN of each former registered entity;
	(g)	the types and subtypes under which each registered entity is registered;
	(h)	the types and subtypes under under which each former registered entity was registered;
	(j)	the date of effect of the each registration of each registered entity;
	(k)	the date of effect of the each registration of each former registered entity;
	(l)	the following details in respect of each responsible individual for each registered entity: 
	(i)	the qualifications of the responsible individual in relation to the registered entity;
	(ii)	the position held by the responsible individual in relation to the registered entity;
	(iii)	the name of each responsible individual;
	(m)	the governing rules of each registered entity;
	(n)	the details of each warning (if any) issued to each registered entity by the Commissioner;
	(o)	financial reports;
	(p)	information statements;
	(q)	any other information relating to each registered entity that the Commissioner considers reasonably necessary for the purposes of administering this Act.
	(2)	The Register may be maintained by electronic means.
	(3)	The Register is to be made available for inspection on the internet.
Note:	The Commissioner can make protected Commission information available to the public only in accordance with Division 180.
100‑20  Commissioner may withhold or remove information from Register
	(1)	The Commissioner may decline to include information on the Register, or remove information from the Register, if the Commissioner considers that:
	(a)	the information:
	(i)	is commercially sensitive; or
	(ii)	has the potential to cause detriment to the registered entity (or former registered entity) to which it relates, or to an individual; or
	(b)	the information is likely to cause confusion or mislead the public; or
	(c)	the information is inaccurate or likely to mislead; or
	(d)	the information is likely to offend a reasonable person; or
	(e)	the information raises public safety concerns; or
	(f)	if the regulations specify requirements for the purposes of this paragraph—those requirements are satisfied.
	(2)	However, the Commissioner may include the information on the Register, or decline to remove information from the Register, if the Commissioner considers that the public interest in the Register including the information outweighs the likely adverse effect of the relevant factor or factors set out in paragraphs (1)(a) to (f).
Division 120—Investigation powers
Subdivision 120‑A—Investigation powers
120‑10  Commissioner’s power
	(1)	The Commissioner may by notice in writing require an entity to do all or any of the following:
	(a)	to give the Commissioner any information that the Commissioner requires for the purpose of the administration or application of this Act in relation to the entity or any other entity;
	(b)	to attend and give evidence before the Commissioner, or an individual authorised by the Commissioner, for the purpose of the administration or application of this Act in relation to the entity or any other entity;
	(c)	to produce to the Commissioner any documents in the entity’s custody or under the entity’s control for the purpose of the administration or application of this Act in relation to the entity or any other entity.
Note:	Failing to comply with a direction can be an offence against section 120‑20.
	(2)	The Commissioner may require the information or evidence:
	(a)	to be given on oath or affirmation; and
	(b)	to be given orally or in writing.
For that purpose, the Commissioner or an ACNC officer may administer an oath or affirmation.
	(2A)	An entity that is required to produce a document in the entity’s custody for the purpose of paragraph (1)(c) may, if the Commissioner consents, provide the Commissioner with a copy of the document certified by an individual before whom a statutory declaration can be made.
Scales of expenses
	(3)	The regulations may prescribe scales of expenses to be allowed to entities required to attend before the Commissioner or an officer.
No self‑incrimination
	(4)	An individual is not required to give information in accordance with a requirement covered by paragraph (1)(a), (b) or (c) if the information might tend to incriminate the individual or expose the individual to a penalty.
120‑20  Failure to comply
	(1)	An entity who refuses or fails to comply with a requirement under section 120‑10 commits an offence.
Penalty:	30 penalty units.
	(2)	An offence under subsection (1) is an offence of strict liability.
Note:	For strict liability, see section 6.1 of the Criminal Code.
	(3)	Subsection (1) does not apply to the extent that the entity is not capable of complying with the relevant requirement.
Note:	A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the Criminal Code.
Subdivision 120‑B—Investigation powers
120‑100  General powers of investigation
	(1)	The Commissioner may make such investigation as he or she thinks expedient for the due administration of this Act, if he or she has reason to suspect that there may have been committed:
	(a)	a contravention of this Act; or
	(b)	a contravention of an Australian law, that is a contravention that:
	(i)	concerns the management or affairs of a registered entity; or
	(ii)	involves fraud or dishonesty by a responsible individual of a registered entity.
Note:	This section does not restrict or limit the Commissioner’s ability to undertake general compliance and monitoring activities.
	(2)	On completion of an investigation, the Commissioner must:
	(a)	prepare a written report of the results of the investigation; and
	(b)	give a copy of the report to the registered entity.
Note:	The Commissioner may publish a copy of the report on the ACNC website.

Subdivision 120‑C—Warnings
120‑200  Commissioner may issue formal warning
	(1)	Subsection (2) applies if the Commissioner has reasonable grounds to believe that:
	(a)	a registered entity, or a responsible individual in respect of a registered entity, has contravened:
	(i)	a provision of this Act; or
	(ii)	an Australian law that relates to the object of this Act; or
	(b)	there has been misconduct or mismanagement in the administration of a registered entity. 
	(2)	The Commissioner may, by written notice given to the registered entity, and to each responsible individual in respect of that registered entity:
	(a)	inform the registered entity of the circumstances in paragraphs (1)(a) and (1)(b); and
	(b)	warn the registered entity of the action that may be taken under this Act in response to a contravention of this Act.
Note:	The Commissioner may publish a copy of the notice on the ACNC website.
Subdivision 120‑D—Authority to enter premises and inspection powers
120‑410  ACNC officer may enter premises by consent or under a warrant
	(1)	For the purpose of:
	(a)	determining whether this Act has been, or is being, complied with; or
	(b)	substantiating information provided under this Act;
an ACNC officer may:
	(c)	enter any premises; and
	(d)	exercise the inspection powers set out in section 120‑415.
	(2)	However, an ACNC officer is not authorised to enter the premises unless:
	(a)	the occupier of the premises has consented to the entry by the ACNC officer who has shown his or her identity card if required by the occupier; or
	(b)	the entry is made under an inspection warrant.
Note:	If entry to the premises is with the occupier’s consent, the ACNC officer must leave the premises if the consent ceases to have effect: see section 120‑435.
	(3)	The occupier of the premises entered or proposed to be entered by an ACNC officer must provide all reasonable facilities and assistance for the effective exercise of powers under this section.
120‑415  Inspection powers of ACNC officers
	(1)	The following are the inspection powers that an ACNC officer may exercise in relation to premises under section 120‑410:
	(a)	the power to search the premises and any thing on the premises;
	(b)	the power to examine any activity conducted on the premises;
	(c)	the power to inspect, examine, take measurements of, take a sample of or conduct tests on any thing on the premises;
	(d)	the power to make any still or moving image or any recording of the premises or any thing on the premises;
	(e)	the power to inspect any document on the premises;
	(f)	the power to take extracts from, or make copies of, any such document;
	(g)	the power to take onto the premises such equipment and materials as the ACNC officer requires for the purpose of exercising powers in relation to the premises;
	(h)	the powers set out in subsections (2), (3) and (5).
Operating electronic equipment
	(2)	The inspection powers include the power to operate electronic equipment on the premises to see whether:
	(a)	the equipment; or
	(b)	a disk, tape or other storage device that:
	(i)	is on the premises; and
	(ii)	can be used with the equipment or is associated with it;
contains information that is relevant to:
	(c)	determining whether this Act has been, or is being, complied with; or
	(d)	substantiating information provided under this Act.
	(3)	The inspection powers include the following powers in relation to information described in subsection (2) found in the exercise of the power under that subsection:
	(a)	the power to operate electronic equipment on the premises to put the information in documentary form and remove the documents so produced from the premises;
	(b)	the power to operate electronic equipment on the premises to transfer the information to a disk, tape or other storage device that:
	(i)	is brought to the premises for the exercise of the power; or
	(ii)	is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises;
		and remove the disk, tape or other storage device from the premises.
	(4)	An ACNC officer may operate electronic equipment as mentioned in subsection (2) or (3) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
Securing things if entry to premises is under an inspection warrant
	(5)	If entry to the premises is under an inspection warrant, the inspection powers include the power to secure a thing for a period not exceeding 24 hours if:
	(a)	the thing is found during the exercise of inspection powers on the premises; and
	(b)	an ACNC officer believes on reasonable grounds that:
	(i)	the thing affords evidence of the commission of an offence against this Act or of an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; and
	(ii)	it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and
	(iii)	the circumstances are serious and urgent.
	(6)	If an ACNC officer believes on reasonable grounds that the thing needs to be secured for more than 24 hours, he or she may apply to a magistrate for an extension of that period.
	(7)	The ACNC officer must give notice to the occupier of the premises, or another individual who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other individual is entitled to be heard in relation to that application.
	(8)	The provisions of this Division relating to the issue of inspection warrants apply, with such modifications as are necessary, to the issue of an extension.
	(9)	The 24 hour period:
	(a)	may be extended more than once; and
	(b)	must not be extended more than 3 times.
Subdivision 120‑E—Obligations and incidental powers of ACNC officers
120‑435  Consent
	(1)	An ACNC officer must, before obtaining the consent of an occupier of premises for the purposes of paragraph 120‑410(2)(a), inform the occupier that the occupier may refuse consent.
	(2)	A consent has no effect unless the consent is voluntary.
	(3)	A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.
	(4)	A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.
	(5)	If an ACNC officer entered premises because of the consent of the occupier of the premises, the ACNC officer, and any individual assisting the ACNC officer, must leave the premises if the consent ceases to have effect.
120‑440  Announcement before entry under warrant
	(1)	Before entering premises under an investigation warrant, an ACNC officer must:
	(a)	announce that he or she is authorised to enter the premises; and
	(b)	show his or her identity card to the occupier of the premises, or to another individual who apparently represents the occupier, if the occupier or other individual is present at the premises; and
	(c)	give any individual at the premises an opportunity to allow entry to the premises.
	(2)	However, an ACNC officer is not required to comply with subsection (1) if the ACNC officer believes on reasonable grounds that immediate entry to the premises is required:
	(a)	to ensure the safety of an individual; or
	(b)	to ensure that the effective execution of the warrant is not frustrated.
	(3)	If:
	(a)	an ACNC officer does not comply with subsection (1) because of subsection (2); and
	(b)	the occupier of the premises, or another individual who apparently represents the occupier, is present at the premises;
the ACNC officer must show his or her identity card to the occupier or other individual as soon as practicable after entering the premises.
120‑445  ACNC officer to be in possession of warrant
		If an inspection warrant is being executed in relation to premises, an ACNC officer executing the warrant must be in possession of the warrant or a copy of the warrant.
120‑450  Details of warrant etc. to be given to occupier
		If:
	(a)	an inspection warrant is being executed in relation to premises; and
	(b)	the occupier of the premises, or another individual who apparently represents the occupier, is present at the premises;
an ACNC officer executing the warrant must, as soon as practicable:
	(c)	make a copy of the warrant available to the occupier or other individual (which need not include the signature of the magistrate who issued it); and
	(d)	inform the occupier or other individual of the rights and responsibilities of the occupier or other individual under this Division.
Subdivision 120‑F—Powers of magistrates
120‑460  Application for warrant
	(1)	An ACNC officer may apply to a magistrate for a warrant under this section in relation to premises.
Issue of warrant
	(2)	The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, evidential material on the premises.
	(3)	However, the ACNC officer must not issue the warrant unless the magistrate or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.
Content of warrant
	(4)	The warrant must:
	(a)	describe the premises to which the warrant relates; and
	(b)	state that the warrant is issued under this Division; and
	(c)	specify the kinds of evidential material that are to be searched for under the warrant; and
	(d)	state that the evidential material specified may be seized under the warrant; and
	(e)	state that any thing found in the course of executing the warrant, that the ACNC officer executing the warrant believes on reasonable grounds to be evidence of the contravention of a related provision, may be seized under the warrant; and
	(f)	name one or more ACNC officer(s); and
	(g)	authorise the ACNC officer(s) named in the warrant:
	(i)	to enter the premises; and
	(ii)	to exercise the powers set out in this Part in relation to the premises; and
	(h)	state whether entry is authorised to be made at any time of the day or during specified hours of the day; and
	(i)	specify the day (not more than 1 week after the issue of the warrant) on which the warrant ceases to be in force.
120‑470  Powers of magistrates
Powers conferred personally
	(1)	A power conferred on a magistrate by this Part is conferred on the magistrate:
	(a)	in a personal capacity; and
	(b)	not as a court or a member of a court.
Powers need not be accepted
	(2)	The magistrate need not accept the power conferred.
Protection and immunity
	(3)	A magistrate exercising a power conferred by this Part has the same protection and immunity as if he or she were exercising the power:
	(a)	as the court of which the magistrate is a member; or
	(b)	as a member of the court of which the magistrate is a member.

Division 140—Commissioner’s power to give directions 
Subdivision 140‑A—Commissioner’s power to give directions
140‑10  Commissioner may give directions in certain circumstances
	(1)	The Commissioner may give a registered entity a direction of a kind specified in subsection 140‑15(1) if the Commissioner has reason to believe that:
	(a)	the registered entity has contravened, or is likely to contravene, a provision of:
	(i)	this Act; or
	(ii)	any other Australian law that relates to the object of this Act; or
	(b)	the direction is necessary to advance the purpose for which the registered entity is registered; or
	(c)	the registered entity is conducting its affairs in an improper or financially unsound way; or
	(d)	the direction is otherwise necessary to promote the object of this Act.
	(2)	The direction must:
	(a)	be given by notice in writing to the registered entity; and
	(b)	specify the ground or grounds referred to in subsection (1) on the basis of which the direction is given.
140‑15  Kinds of direction
	(1)	The kinds of direction that the registered entity may be given are directions to do any one or more of the following:
	(a)	to comply with the whole or a part of:
	(i)	this Act; or
	(ii)	any other Australian law that relates to the object of this Act;
	(b)	to ensure a responsible individual of the registered entity does not take part in the management or conduct of the activities of the registered entity except as permitted by the Commissioner;
	(c)	to order an audit of the affairs of the registered entity, at the expense of the registered entity, by an auditor chosen by the Commissioner;
	(d)	to not enter into a specified commercial transaction, financial transaction or other transaction, including the following:
	(i)	borrowing any amount;
	(ii)	repaying any money on deposit or advance;
	(iii)	paying or transferring any amount or asset to any entity, or creating an obligation (contingent or otherwise) to do so;
	(e)	to comply with the registered entity’s governing rules;
	(f)	anything else as to the way in which the affairs of the registered entity are to be conducted or not conducted, that is necessary to advance the object of this Act.
Note:	Information relating to directions, variations of directions and revocations of directions may be placed on the Register in accordance with Division 100.
	(2)	A direction under paragraph (1)(d) (to not enter into a specified commercial transaction, financial transaction or other transaction) does not apply to the payment or transfer of money pursuant to an order of a court or a process of execution.
	(3)	Without limiting the generality of subsection (1), a direction referred to in a paragraph of that subsection may:
	(a)	deal with some only of the matters referred to in that paragraph; or
	(b)	deal with a particular class or particular classes of those matters; or
	(c)	make different provision with respect to different matters or different classes of matters.
	(4)	The direction may deal with the time by which, or period during which, it is to be complied with.
140‑20  Power to comply with directions
		The registered entity has power to comply with the direction despite anything in its governing rules or any contract or arrangement to which it is a party.
140‑25  Variation and revocation of directions
	(1)	The Commissioner may, by notice in writing to the registered entity, vary the direction if, at the time of the variation, it considers that the variation is necessary and appropriate.
	(2)	The direction has effect until the Commissioner revokes it by notice in writing to the registered entity. The Commissioner may revoke the direction if, at the time of revocation, it considers that the direction is no longer necessary or appropriate.
	(3)	Subsection (4) applies if:
	(a)	either:
	(i)	the Commissioner gives a direction to the registered entity at a time; or
	(ii)	the Commissioner varies a direction at a time; and
	(b)	the Commissioner does not vary or revoke the direction for a period of 12 months after that time.
	(4)	The Commissioner must consider within a reasonable time after the end of that 12 months whether it would be reasonable to vary or withdraw the direction.

Subdivision 140‑B—General provisions relating to directions 
140‑110  Direction not grounds for denial of obligations
	(1)	This section applies if a registered entity is party to a contract, whether the proper law of the contract is Australian law or law of a foreign country (including the law of part of a foreign country).
	(1A)	The fact that the registered entity is subject to a direction by the Commissioner under Subdivision 140‑A does not allow a party to the contract, other than the registered entity, to deny any obligations under that contract. This subsection has effect subject to subsections (2) and (3).
	(2)	If the registered entity is prevented from fulfilling its obligations under the contract because of a direction under Subdivision 140‑A, the other party or parties to the contract are, subject to any orders made under subsection (3), relieved from obligations owed to the registered entity under the contract.
	(3)	A party to a contract to which subsection (2) applies may apply to the Federal Court of Australia for an order relating to the effect on the contract of a direction under Subdivision 140‑A. The order may deal with matters including (but not limited to):
	(a)	requiring a party to the contract to fulfil an obligation under the contract despite subsection (2); or
	(b)	obliging a party to the contract to take some other action (for example, paying money or transferring property) in view of obligations that were fulfilled under the contract before the direction was made.
The order must not require a person to take action that would contravene the direction, or any other direction under Subdivision 140‑A.
Note:	Information relating to directions, variations of directions and revocations of directions may be placed on the Register in accordance with Division 100.
140‑110  Objections
		A registered entity may object against a direction issued by the Commissioner in the manner set out in Part IVC of the Taxation Administration Act 1953.
Note:	This section will be reviewed and amended when the review and appeal provisions are drafted.
140‑120  Non‑compliance with a direction
	(1)	A registered entity is commits an offence if:
	(a)	it does, or fails to do, an act; and
	(b)	doing, or failing to do, the act results in a contravention of a direction given to it under Subdivision 140‑A.
Penalty:	50 penalty units.
Note 1:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2:	If a registered entity is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.
	(1A)	If a registered entity does or fails to do an act in circumstances that give rise to the registered entity committing an offence against subsection (1), the registered entity commits an offence against that subsection in respect of:
	(a)	the first day on which the offence is committed; and
	(b)	each subsequent day (if any) on which the circumstances that gave rise to the registered entity committing the offence continue (including the day of conviction for any such offence or any later day).
Note:	This subsection is not intended to imply that section 4K of the Crimes Act 1914 does not apply to offences against this Act or the regulations.
	(2)	A responsible individual of a registered entity commits an offence if:
	(a)	the responsible individual fails to take reasonable steps to ensure that the registered entity complies with a direction given to it under Subdivision 140‑A; and
	(b)	the responsible individual’s duties include ensuring that the registered entity complies with the direction, or with a class of directions that includes the direction.
Penalty:	50 penalty units.
Note 1:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2:	If a registered entity is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.
	(2A)	If a responsible individual of a registered entity fails to take reasonable steps to ensure that the registered entity complies with a direction given to it under Subdivision 140‑A in circumstances that give rise to the responsible individual committing an offence against subsection (2), the responsible individual commits an offence against that subsection in respect of:
	(a)	the first day on which the offence is committed; and
	(b)	each subsequent day (if any) on which the circumstances that gave rise to the responsible individual committing the offence continue (including the day of conviction for any such offence or any later day).
Note:	This subsection is not intended to imply that section 4K of the Crimes Act 1914 does not apply to offences against this Act or the regulations.

Division 141—Enforceable undertakings
141‑5  Enforceable undertakings
	(1)	The Commissioner may accept a written undertaking given by an entity for the purposes of this section in connection with a matter in relation to which the Commissioner has a power or function under this Act.
	(2)	The entity may withdraw or vary the undertaking at any time, but only with the consent of the Commissioner.
	(3)	If the Commissioner considers that the entity who gave the undertaking has breached any of its terms, the Commissioner may apply to the Court for an order under subsection (4).
	(4)	If the Court is satisfied that the entity has breached a term of the undertaking, the Court may make all or any of the following orders:
	(a)	an order directing the entity to comply with that term of the undertaking;
	(b)	an order directing the entity to pay to the Commonwealth an amount up to the amount of any financial benefit that the entity has obtained directly or indirectly and that is reasonably attributable to the breach;
	(c)	any order that the Court considers appropriate directing the entity to compensate any other entity who has suffered loss or damage as a result of the breach;
	(d)	any other order that the Court considers appropriate.

Division 142—Injunctions
142‑10  Injunctions
Performance injunctions
	(1)	If:
	(a)	an entity has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
	(b)	the refusal or failure was, is or would be:
	(i)	a contravention of this Act; or
	(ii)	a contravention of a direction under Subdivision 140‑A of this Act;
the Court may, on the application of the Commissioner, grant an injunction requiring the entity to do that act or thing.
Restraining injunctions
	(2)	If an entity has engaged, is engaging or is proposing to engage, in any conduct in contravention of this Act or a direction under Subdivision 140‑A of this Act, the Court may, on the application of the Commissioner, grant an injunction:
	(a)	restraining the entity from engaging in the conduct; and
	(b)	if, in the Court’s opinion, it is desirable to do so—requiring the entity to do something.
142‑15  Interim injunctions
Grant of interim injunction
	(1)	If an application is made to the Court for an injunction under section 142‑10, the Court may, before considering the application, grant an interim injunction restraining an entity from engaging in conduct of a kind referred to in that section.
No undertakings as to damages
	(2)	The Court is not to require the Commissioner, as a condition of granting an interim injunction, to give any undertakings as to damages.
142‑20  Discharge etc. of injunctions
		The Court may discharge or vary an injunction granted under this Division.
142‑25  Certain limits on granting injunctions not to apply
Performance injunctions
	(1)	The power of the Court to grant an injunction requiring an entity to do an act or thing may be exercised:
	(a)	if the Court is satisfied that the entity has refused or failed to do that act or thing—whether or not it appears to the Court that the entity intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or
	(b)	if it appears to the Court that, if an injunction is not granted, it is likely that the entity will refuse or fail to do that act or thing—whether or not the entity has previously refused or failed to do that act or thing.
Restraining injunctions
	(2)	The power of the Court under this Division to grant an injunction restraining an entity from engaging in conduct of a particular kind may be exercised:
	(a)	if the Court is satisfied that the entity has engaged in conduct of that kind—whether or not it appears to the Court that the entity intends to engage again, or to continue to engage, in conduct of that kind; or
	(b)	if it appears to the Court that, if an injunction is not granted, it is likely that the entity will engage in conduct of that kind—whether or not the entity has previously engaged in conduct of that kind.
142‑30  Other powers of the Court unaffected
		The powers conferred on the Court under this Division are in addition to, and not instead of, any other powers of the Court, whether conferred by this Act or otherwise.

Division 143—Suspension and removal of corporate responsible individuals etc.
Subdivision 143‑A—Suspension and removal of corporate responsible individuals
Note:	To be drafted.
Subdivision 143‑B—Suspension and removal of trustees
143‑120  Subdivision applies to registered entity that is a trust
		This Subdivision applies in relation to a registered entity that is a trust.
143‑125  Suspension or removal of trustees
Suspension
	(1)	The Commissioner may suspend all of the trustees of a registered entity if the Commissioner is satisfied that the registered entity, or any of the trustees of the registered entity, is conducting its affairs in a way that may cause harm to, or jeopardise, the public trust and confidence mentioned in subsection 2‑5(1) (Object of this Act).
	(2)	The suspension of a trustee:
	(a)	starts when the Commissioner gives the trustee notice of the suspension under subsection (3); and
	(b)	ends at the time specified in the notice.
	(3)	If the Commissioner decides to suspend a trustee under this section, the Commissioner must give to the trustee a written notice:
	(a)	setting out the decision; and
	(b)	giving the reasons for the decision; and
	(c)	setting out the time the suspension ends.
Extension of suspensions
	(4)	The Commissioner may change the time the suspension of a trustee ends.
	(5)	If the Commissioner decides to change the time the suspension of a trustee ends under this section, the Commissioner must give to the trustee a written notice:
	(a)	setting out the decision; and
	(b)	giving the reasons for the decision; and
	(c)	setting out the new time the suspension ends.
Removal
	(6)	The Commissioner may remove all of the trustees of a registered entity if the Commissioner is satisfied that the registered entity, or any of the trustees of the registered entity, is conducting its affairs in a way that may cause harm to, or jeopardise, the public trust and confidence mentioned in subsection 2‑5(1) (Object of this Act)
	(7)	If the Commissioner decides to remove a trustee under this section, the Commissioner must give to the trustee a written notice:
	(a)	setting out the decision; and
	(b)	giving the reasons for the decision.
Review of decisions under this section
	(8)	A trustee who is dissatisfied with any of the following decisions under this section may object in the manner set out in Part IVC of the Taxation Administration Act 1953:
	(a)	a decision to suspend the trustee;
	(b)	a decision to change the time a suspension of the trustee ends;
	(c)	a decision to remove the trustee.
143‑130  Commissioner to appoint acting trustee in cases of suspension or removal
Appointment of acting trustee
	(1)	If the Commissioner suspends all of the trustees of a registered entity under section 143‑125, the Commissioner must appoint a single entity to act as the trustee (the acting trustee) of the fund during the period of the suspension.
	(2)	If the Commissioner removes all of the trustees of a registered entity under section 143‑125, the Commissioner must appoint a single entity to act as the trustee (the acting trustee) of the fund until all of the vacancies in the position of trustee are filled.
143‑135  Terms and conditions of appointment of acting trustee
	(1)	The Commissioner may determine the terms and conditions of the appointment of the acting trustee, including fees. The determination has effect despite anything in:
	(a)	any Australian law other than this section; or
	(b)	the registered entity’s governing rules.
	(2)	Without limiting subsection (1), the Commissioner may make a determination under that subsection to the effect that the acting trustee’s fees are to be paid out of the corpus of the registered entity.
143‑140  Termination of appointment of acting trustee
		The Commissioner may terminate the appointment of the acting trustee at any time.
143‑145  Resignation of acting trustee
	(1)	The acting trustee may resign by writing given to the Commissioner.
	(2)	The resignation does not take effect until the end of the seventh day after the day on which it was given to the Commissioner.
143‑150  Property vesting orders
	(1)	If the Commissioner appoints an acting trustee, the Commissioner must make a written order vesting the property of the registered entity in the acting trustee.
	(2)	If the appointment ends, the Commissioner must make a written order vesting the property of the fund in the new acting trustee, the previously suspended trustee or trustees or the new actual trustee or trustees (whichever is applicable).
	(3)	If the Commissioner makes an order under this section vesting property of a registered entity in an entity or entities, then, subject to subsection (4), the property immediately vests in the entity or entities by force of this section.
	(4)	If:
	(a)	the property is of a kind whose transfer or transmission may be registered under an Australian law; and
	(b)	that law enables the registration of such an order, or enables the entity or entities to be registered as the owner or owners of that property;
the property does not vest in the entity or entities until the requirements of the law referred to in paragraph (a) have been complied with.
143‑155  Powers of acting trustee
		Subject to section 143‑150:
	(a)	the acting trustee has and may exercise all the rights, title and powers, and must perform all the functions and duties, of the original trustee or trustees; and
	(b)	the registered entity’s governing rules and every Australian law apply in relation to the acting trustee as if the acting trustee were the trustee of the fund.
143‑160  Commissioner may give directions to acting trustee
	(1)	The Commissioner may give the acting trustee a written notice directing the acting trustee to do, or not to do, one or more specified acts or things in relation to the registered entity.
	(2)	The acting trustee commits an offence if:
	(a)	the acting trustee engages in conduct (within the meaning of subsection 2(1)); and
	(b)	that engagement in conduct contravenes a notice given to the acting trustee under subsection (1).
Penalty:	100 penalty units.
	(3)	This section does not affect the validity of a transaction entered into in contravention of a notice given under subsection (1).
143‑165  Property vested in acting trustee—former trustees’ obligations relating to books, identification of property and transfer of property
Books
	(1)	An entity commits an offence if:
	(a)	the Commissioner makes an order under subsection 143‑150(1) or (2) vesting the property of a registered entity in an acting trustee; and
	(b)	just before the Commissioner made the order, the property was vested in:
	(i)	the entity (the former trustee); or
	(ii)	2 or more entities (the former trustees), including the entity; and
	(c)	the former trustee or former trustees do not, within 14 days of the Commissioner making the order, give the acting trustee all books (within the meaning of the Corporations Act 2001) relating to the fund’s affairs that are in the former trustee’s or former trustees’ possession, custody or control.
Penalty:	50 penalty units.
Identification of property and transfer of property
	(2)	Subsections (3) to (5) apply if:
	(a)	the property of a registered entity is vested in an entity (the former trustee) or entities (the former trustees); and
	(b)	the Commissioner makes an order under subsection 143‑150(1) or (2) vesting the property in an acting trustee.
	(3)	The acting trustee may, by notice in writing to the former trustee or former trustees, require the former trustee or former trustees, so far as the former trustee or former trustees can do so:
	(a)	to identify property of the fund; and
	(b)	to explain how the former trustee or former trustees have kept account of that property.
	(4)	The acting trustee may, by notice in writing to the former trustee or former trustees, require the former trustee or former trustees to take specified action that is necessary to bring about a transfer of specified property of the fund to the acting trustee.
	(5)	The former trustee, or each of the former trustees, commits an offence if:
	(a)	the acting trustee gives the former trustee or former trustees a notice under subsection (3) or (4); and
	(b)	the former trustee or former trustees do not, within 28 days of the notice being given, comply with the requirement in the notice.
Penalty:	50 penalty units.
Strict liability
	(6)	Subsections (1) and (5) are offences of strict liability.
Note:	For strict liability, see section 6.1 of the Criminal Code.

Part 4‑2—Reviews and appeals
Note:	This Part will be drafted in a manner similar to Part IVC of the Taxation Administration Act 1953.

Chapter 5—The Australian Charities and Not‑for‑profits Commission
Part 5‑1—The ACNC
Division 160—Establishment and function of the ACNC
160‑5  Establishment
		The Australian Charities and Not‑for‑profits Commission (ACNC) is established by this section.
Note:	The ACNC does not have a legal identity separate from the Commonwealth.
160‑10  Constitution of the ACNC
		The ACNC consists of:
	(a)	the Commissioner; and
	(b)	any staff assisting the Commissioner, whose services are made available to the Commissioner as mentioned in subsection 163‑5(1).
160‑15  Function of the ACNC
		The ACNC’s function is to assist the Commissioner in the performance of the Commissioner’s functions.
160‑20  ACNC to have the privileges and immunities of the Crown
		The ACNC has the privileges and immunities of the Crown.

Part 5‑2—The Commissioner
Division 161—Establishment, functions and powers of the Commissioner
161‑5  Establishment
	(1)	There is to be a Commissioner of the ACNC.
	(2)	The Commissioner has:
	(a)	the general administration of this Act; and
	(b)	the other powers and other functions conferred or imposed on him or her by this Act or any other law.
161‑10  Powers of Commissioner
		The Commissioner has the power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.
161‑15  Working with the Advisory Board.
	(1)	In performing his or her functions and exercising his or her powers, the Commissioner may (but is not required to) have regard to the advice and recommendations given to him or her by the Advisory Board (whether or not the advice and recommendations were given in response to a request).
	(2)	The Commissioner may attend Advisory Board meetings.

Division 162—Terms and conditions of appointment
162‑5  Appointment
	(1)	The Commissioner is to be appointed by the Governor‑General by written instrument.
	(2)	The Commissioner is to be appointed on a full‑time basis.
162‑10  Term of appointment
		The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note:	The Commissioner is eligible for reappointment: see subsection 33(4A) of the Acts Interpretation Act 1901.
162‑15  Acting Commissioner
	(1)	The Minister may appoint an individual to act as the Commissioner:
	(a)	during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or
	(b)	during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note:	Section 33A of the Acts Interpretation Act 1901 has rules that apply to acting appointments.
	(2)	Anything done by or in relation to an individual purporting to act under an appointment is not invalid merely because:
	(a)	the occasion for the appointment had not arisen; or
	(b)	there was a defect or irregularity in connection with the appointment; or
	(c)	the appointment had ceased to have effect; or
	(d)	the occasion to act had not arisen or had ceased.
162‑20  Remuneration
	(1)	The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed.
	(2)	The Commissioner is to be paid the allowances that are prescribed.
	(3)	This section has effect subject to the Remuneration Tribunal Act 1973.
162‑25  Leave of absence
	(1)	The Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.
	(2)	The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
162‑30  Disclosure of interests to the Minister
		The Commissioner must give written notice to the Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires and that conflict or could conflict with the proper performance of the Commissioner’s functions.
162‑35  Outside employment
		The Commissioner must not engage in paid employment outside the duties of his or her office without the Minister’s approval.
162‑40  Other terms and conditions
		The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
162‑45  Resignation
	(1)	The Commissioner may resign his or her appointment by giving the Governor‑General a signed notice of resignation.
	(2)	The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.
162‑50  Termination of appointment
	(1)	The Governor‑General may terminate the appointment of the Commissioner:
	(a)	for misbehaviour or physical or mental incapacity; or
	(b)	if the Commissioner:
	(i)	becomes bankrupt; or
	(ii)	applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
	(iii)	compounds with his or her creditors; or
	(iv)	makes an assignment of his or her remuneration for the benefit of his or her creditors; or
	(c)	if the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
	(d)	if the Commissioner engages, without the Minister’s approval, in paid employment outside the duties of his or her office (see section 162‑35); or
	(e)	if the Commissioner fails, without reasonable excuse, to comply with section 162‑40.
162‑55  Delegation
	(1)	The Commissioner may, by instrument in writing, delegate any of the Commissioner’s powers or functions to a person holding the position of, or performing the duties of, a SES employee for the purpose of the Public Service Act 1999.
	(2)	In exercising powers under a delegation, the delegate must comply with any written directions of the Commissioner.
Note:	See section 34AAB of the Acts Interpretation Act 1901.

Division 163—Staff and consultants
163‑5  Staff
	(1)	The staff assisting the Commissioner are to be persons engaged under the Public Service Act 1999 and made available for the purpose by the Commissioner of Taxation.
	(2)	When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.
163‑15  Consultants
	(1)	The Commissioner may engage a person (other than a member of the advisory board) who has suitable qualifications and experience as a consultant to the Commissioner.
	(2)	The terms and conditions of engagement are to be determined, in writing, by the Commissioner.

Part 5‑3—Finance and reporting requirements
Division 164—ACNC Special Account
164‑5  ACNC Special Account
	(1)	The Australian Charities and Not‑for‑profits Commission Special Account is established by this section.
	(2)	The Account is a Special Account for the purposes of the Financial Management and Accountability Act 1997.
164‑10  Credits to the Account
		There may be credited to the Account amounts equal to the following:
	(a)	amounts received by the Commonwealth in connection with the performance of the Commissioner’s functions under this Act;
	(b)	amounts received by the Commonwealth in relation to property paid for with amounts debited from the Account;
	(c)	amounts of any gifts given or bequests made for the purposes of the Account.
Note:	An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
164‑15  Purposes of the Account
		The purposes of the Account are as follows:
	(a)	paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the Commissioner’s functions;
	(b)	paying any remuneration and allowances payable to any person under this Act;
	(c)	meeting the expenses of administering the Account.
Note:	See section 21 of the Financial Management and Accountability Act 1997 (debits from Special Accounts).

Division 165—Annual report
165‑5  Annual report
Annual report to be given to Minister
	(1)	The Commissioner must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report (an annual report) on the Commissioner’s operations during that year.
Note:	See also section 34C of the Acts Interpretation Act 1901, which contains provisions about annual reports.
Contents of annual report
	(2)	The Commissioner must include in a report relating to a financial year the following:
	(a)	an evaluation of the ACNC’s overall performance during the year;
	(b)	the financial statements in respect of the special account established by section 164‑5;
	(c)	an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997.

Chapter 6—The Advisory Board
Part 6‑1—The Advisory Board
Division 170—Establishment, functions and powers
170‑5  Establishment
		The Advisory Board of the ACNC is established by this section.
170‑10  Membership
		The Advisory Board is to consist of at least 2, but no more than 8, members (other than ex‑officio members) with the following:
	(a)	expertise relating to not‑for‑profit entities (including charities);
	(b)	experience and appropriate qualifications in relation to either law, taxation or accounting.
170‑15  Function of Advisory Board
	(1)	The Advisory Board’s function is, at the request of the Commissioner, to provide advice and make recommendations to the Commissioner in relation to the Commissioner’s functions under this Act.
	(2)	The Advisory Board has power to do all things necessary or convenient to be done for or in connection with the performance of its function.
	(3)	To avoid doubt, the Advisory Board cannot give any directions to the Commissioner. 
Example:	The Advisory Board could not direct the Commissioner in relation to the management of the ACNC.

Division 171—Terms and conditions of appointment of members of the Advisory Board
171‑5  Appointment
	(1)	A member is to be appointed by the Minister by written instrument, on a part‑time basis.
	(2)	A person is eligible to be appointed as a member only if the person is ordinarily resident in Australia.
	(3)	The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.
	(4)	A person’s appointment as a member, the Chair or the Deputy Chair is not invalid because of a defect or irregularity in connection with the person’s appointment.
	(5)	The Minister may appoint ex‑officio members to the Board.
171‑10  Term of appointment
		A member (other than an ex‑officio member) holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
Note:	A member is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.
171‑15  Remuneration and allowances
	(1)	A member (other than an ex‑officio member) is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.
	(2)	A member (other than an ex‑officio member) is to be paid the allowances that are prescribed by the regulations.
	(3)	This section (other than subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.
171‑20  Standing obligation to disclose interests
	(1)	A member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the Advisory Board’s function.
	(2)	The notice must be given to the Minister as soon as practicable after the member becomes aware of the potential for conflict of interest.
171‑25  Other terms and conditions
		A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister.
171‑30  Resignation
	(1)	A member (other than an ex‑officio member) may resign his or her appointment by giving the Minister a signed notice of resignation.
	(2)	The Chair may resign his or her appointment as the Chair without resigning his or her appointment as a member.
	(3)	The Deputy Chair may resign his or her appointment as the Deputy Chair without resigning his or her appointment as a member.
	(4)	The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
171‑40  Termination of appointment
		The Minister may terminate a member’s appointment at any time.

Division 172—Advisory Board procedures
172‑5  Meetings of the Advisory Board
Holding meetings
	(1)	The Chair:
	(a)	may convene meetings of the Advisory Board during the period beginning on the day this section commences (the commencement day) and ending on the last day of the financial year in which the commencement day occurs; and
	(b)	must convene 4 meetings of the Advisory Board in each financial year (other than the financial year mentioned in paragraph (a)); and
	(c)	may convene such meetings as are necessary for the efficient performance of the Advisory Board’s function.
Procedure of meetings
	(2)	Subject to subsection (4), the Commissioner may, by writing, determine matters relating to the operation of the Advisory Board.
	(3)	Subject to subsection (4), if no determination is in force for the purposes of subsection (2), the Advisory Board may operate in the way it determines.
	(4)	The Chair must ensure that minutes of meetings are kept.
Disclosure of interest by a member
	(5)	If a member has a direct or indirect financial interest in a matter being considered, or about to be considered, at a meeting, being an interest that could conflict with the proper performance of the Advisory Board’s function, then the member must disclose that interest to the other members as soon as practicable.
Disclosure to be recorded in the minutes of the meeting
	(6)	Any disclosure under subsection (5), and any decision made by the Advisory Board in relation to the disclosure, must be recorded in the minutes of the meeting.
	(7)	The member must not take part in the making of a decision by the Board in relation to the matter referred to in subsection (5) unless the Chair agrees or, if the member is the Chair, the Commissioner agrees.
Attendance by Commissioner
	(8)	The Chair may invite the Commissioner to attend all or part of an Advisory Board meeting.
Determination not a legislative instrument
	(9)	A determination made under subsection (2) is not a legislative instrument.

Chapter 7—Miscellaneous
Part 7‑1—Secrecy and whistleblower protection
Division 180—Secrecy
Subdivision 180‑A—Application of Division
180‑5  Objects of Division
		The objects of this Division are:
	(a)	to protect confidential and personal information by imposing strict obligations on ACNC officers (and others who acquire protected Commission information), and so encourage people to provide correct information to the Commissioner; and
	(b)	to facilitate efficient and effective government administration and law enforcement by allowing disclosures of protected Commission information for specific, appropriate purposes.
180‑10  Application of Division
		This Division applies in relation to the following entities in the same way as it applies in relation to ACNC officers:
	(a)	an entity engaged to provide services relating to the Commission;
	(b)	an individual employed by, or otherwise performing services for, an entity referred to in paragraph (a);
	(c)	an individual:
	(i)	appointed or employed by, or performing services for, the Commonwealth or an authority of the Commonwealth; and
	(ii)	performing functions or exercising powers under or for the purposes of this Act.
Subdivision 180‑B—Disclosure of protected information by ACNC officers
180‑10  Meaning of protected Commission information and ACNC officer
	(1)	Protected Commission information means information that:
	(a)	was disclosed or obtained under or for the purposes of this Act when the information was disclosed or obtained; and
	(b)	relates to the affairs of an entity; and
	(c)	identifies, or is reasonably capable of being used to identify, the entity.
	(2)	ACNC officer means:
	(a)	the Commissioner; or
	(b)	 a member of an advisory board established under Chapter 6; or
	(c)	an individual appointed or engaged under the Public Service Act 1999 and performing duties in the Commission.
Note:	This Division applies to certain other entities as if they were ACNC officers: see section 180‑10.
180‑15  Offence—Disclosure or use of protected Commission information
	(1)	An entity commits an offence if:
	(a)	the entity is, or has been, an ACNC officer; and
	(b)	the entity has obtained protected Commission information in the entity’s capacity as an ACNC officer; and
	(c)	the entity:
	(i)	discloses the information to another entity (other than the entity to whom the information relates or that entity’s agent in relation to the information); or
	(ii)	uses the information.
Penalty:	Imprisonment for 2 years or 120 penalty units, or both.
Exceptions
	(2)	Each of the following is an exception to the prohibition in subsection (1):
	(a)	the disclosure or use is authorised by this Act;
	(b)	the disclosure or use is in compliance with a requirement under an Australian law;
	(c)	to the entity to which the information relates, or its legal personal representative, its legal advisers, or the responsible individuals of the entity in question, or to an agent acting on behalf of the entity.
Note:	A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
	(3)	Except where it is necessary to do so for the purposes of giving effect to this Act, an ACNC officer is not to be required:
	(a)	to produce to a court or tribunal a document containing protected Commission information; or
	(b)	to disclose protected Commission information to a court or tribunal.
180‑20  Offence—On‑disclosure of protected Commission information
		An entity commits an offence if:
	(a)	the entity:
	(i)	discloses the information to another entity (other than the entity to whom the information relates or that entity’s agent in relation to the information); or
	(ii)	uses the information (except in a manner consistent with the reason for the original disclosure); and
	(b)	the first‑mentioned entity knows that the first‑mentioned entity acquired the information under an exception or authorisation in this Act; and
	(c)	the first‑mentioned entity did not acquire the information as an ACNC officer.
Penalty:	Imprisonment for 2 years or 120 penalty units, or both.
180‑25  Authorised disclosure—to advance the objects of the Act
	(1)	An ACNC officer may disclose protected Commission information by making the information available to the public if:
	(a)	the information relates to a particular registered entity; and
	(b)	the disclosure is necessary to promote the object of this Act; and
	(c)	if a determination under subsection (2) is in force—the disclosure complies with the requirements specified in the determination; and
	(d)	the information is not personal information.
	(2)	The Minister may, by legislative instrument, determine requirements for the purposes of paragraph (1)(c).
180‑30  Authorised disclosure—to an authority of the Commonwealth, a State or a Territory
		An ACNC officer may disclose protected Commission information if:
	(a)	the disclosure is to an authority of the Commonwealth, a State or a Territory; and 
	(b)	the disclosure is also for the purposes of this Act; and
	(c)	if the information is personal information—the disclosure is in accordance with the requirements of the Privacy Act 1988.
180‑35  Authorisation—Authorised disclosure and consent
		An ACNC officer may disclose protected Commission information that relates to the affairs of an entity if:
	(a)	the entity has consented to the disclosure; and
	(b)	the disclosure is in accordance with that consent.
180‑40  Authorised disclosure—lawfully made available to the public
		An ACNC officer may disclose protected Commission information if it has already been lawfully made available to the public.
180‑45  Authorised disclosure—to the Advisory Board
		An ACNC officer may disclose protected Commission information to the advisory board established under section Chapter 6.

Division 181—Whistleblower protection
Note:	To be drafted.

Part 7‑2—Common rules about penalties
Division 190—General criminal penalties
Note:	This Subdivision will be drafted in a manner similar to provisions in the Taxation Administration Act 1953

Division 195—Administrative penalties
Subdivision 195‑A—False or misleading statements
Note:	This Subdivision will be drafted in a manner similar to provisions in the Taxation Administration Act 1953
Subdivision 195‑B—Failing to lodge documents in time
Note:	This Subdivision will be drafted in a manner similar to provisions in the Taxation Administration Act 1953
Subdivision 195‑C—Miscellaneous administrative penalties
Note:	This Subdivision will be drafted in a manner similar to provisions in the Taxation Administration Act 1953
Subdivision 195‑D—Machinery provisions for administrative penalties
Note:	This Subdivision will be drafted in a manner similar to provisions in the Taxation Administration Act 1953

Part 7‑3—Application of the Act to certain non‑legal entities
Note:	This Subdivision will be drafted in a manner similar to provisions in the Taxation Administration Act 1953

Part 7‑4—Forms and regulations
Division 196—Requirements about giving material
Subdivision 196‑A—Object of Division
196‑5  Object of Division
		The object of this Division is to set out requirements to ensure the integrity and efficiency of giving material to the Commissioner and other entities.
Subdivision 196‑B—General provisions
196‑50  Approved forms
	(1)	A return, notice, statement, application or other document under this Act is in the approved form if, and only if:
	(a)	it is in the form approved in writing by the Commissioner for that kind of return, notice, statement, application or other document; and
	(b)	it contains a declaration signed by an entity or entities as the form requires (see section 196‑75); and
	(c)	it contains the information that the form requires, and any further information, statement or document as the Commissioner requires, whether in the form or otherwise; and
	(d)	for a return, notice, statement, application or document that is required to be given to the Commissioner—it is given in the manner that the Commissioner requires (which may include electronically).
	(2)	Despite subsection (1), a document that satisfies paragraphs (1)(a), (b) and (d) but not paragraph (1)(c) is also in the approved form if it contains the information required by the Commissioner. The Commissioner must specify the requirement in writing.
	(3)	The Commissioner may combine in the same approved form more than one return, notice, statement, application or other document.
	(4)	The Commissioner may approve a different approved form for different entities.
Example:	The Commissioner may require medium and large registered entities to lodge a different annual information statement to that required to be lodged by small registered entities.
196‑55  Commissioner may defer time for lodgement
		The Commissioner may defer the time within which an approved form is required to be given to the Commissioner or to another entity.
196‑60  Declaration by entity
		If an entity gives a return, notice, statement, application or other document to the Commissioner in the approved form, the entity must make a declaration in the approved form that any information in the document is true and correct.
196‑65  Declaration by entity where agent gives document
	(1)	If a return, notice, statement, application or other document of an entity is to be given to the Commissioner in the approved form by an agent on the entity’s behalf, the entity must make a declaration in writing:
	(a)	stating that the entity has authorised the agent to give the document to the Commissioner; and
	(b)	declaring that any information the entity provided to the agent for the preparation of the document is true and correct.
	(2)	The entity must give the declaration to the agent.
	(3)	The entity must retain the declaration or a copy of the declaration for:
	(a)	5 years after it is made; or
	(b)	a shorter period determined by the Commissioner in writing for the entity; or
	(c)	a shorter period determined by the Commissioner by legislative instrument for a class of entities that includes the entity.
	(4)	A determination under paragraph (3)(c) may specify different periods for different classes of entities.
	(5)	The entity must produce the declaration or copy if requested to do so within that period by the Commissioner.
	(6)	The agent must not give the document to the Commissioner before the entity makes the declaration.
	(7)	The entity must sign the declaration.
196‑70  Declaration by agent
		If an agent gives a return, notice, statement, application or other document to the Commissioner in the approved form on behalf of another entity, the agent must, if the document so requires, make a declaration in the approved form stating that:
	(a)	the document has been prepared in accordance with the information supplied by the other entity; and
	(b)	the agent has received a declaration from the other entity stating that the information provided to the agent is true and correct; and
	(c)	the agent is authorised by the other entity to give the document to the Commissioner.
196‑75  Signing declarations
	(1)	An entity must sign a declaration in a return, notice, statement, application or other document the entity gives to the Commissioner in paper form.
	(2)	If an entity agent gives a return, notice, statement, application or other document to the Commissioner on the entity’s behalf in paper form, the document must contain:
	(a)	if the document so requires—a declaration made by the entity with the entity’s signature; and
	(b)	if the document so requires—a declaration made by the agent with the agent’s signature.
	(3)	Any return, notice, statement, application or other document of an entity’s that is lodged electronically:
	(a)	if the entity gives it to the Commissioner—must contain the entity’s declaration (see section 196‑60) with the entity’s electronic signature; or
	(b)	if the entity’s agent gives it to the Commissioner—must contain the agent’s declaration (see section 196‑70) with the agent’s electronic signature.

Division 197—Address for service
197‑5  Address for service
	(1)	An entity’s address for service for the purposes of this Act is:
	(a)	a physical address in Australia; or
	(b)	a postal address in Australia; or
	(c)	an electronic address;
that the entity has given the Commissioner as the entity’s address for service for the purposes of this Act.
	(2)	If an entity has given the Commissioner more than one address for service for the purposes of subsection (1), the entity’s address for service is such of those addresses as the Commissioner considers reasonable in the circumstances.
	(3)	If an entity has not given the Commissioner an address for service, the entity’s address for service is the address that the Commissioner reasonably believes to be the entity’s address for service for the purposes of this Act.
197‑10  How documents may be given
	(1)	For the purposes of this Act, a document (however described) may be given to an entity:
	(a)	in the manner specified in section 28A of the Acts Interpretation Act 1901; or
	(b)	if the entity’s address for service is an electronic address—by sending it to that address; or
	(c)	if the entity is a company and a liquidator of the company has been appointed—by leaving it at, or posting it to, the address of the liquidator’s office in the most recent notice of that address lodged with ASIC; or
	(d)	if the entity is a company and an administrator of the company has been appointed—by leaving it at, or posting it to, the address of the administrator in the most recent notice of that address lodged with ASIC.
	(2)	Despite section 29 of the Acts Interpretation Act 1901, a document under subsection (1) of this section is taken to be given at the time the Commissioner leaves or posts it.
	(3)	This Division has effect despite paragraphs 9(1)(d) and 9(2)(d) of the Electronic Transactions Act 1999.

Division 198—Regulations
198‑5  Regulations
		The Governor‑General may make regulations prescribing matters:
	(a)	required or permitted by this Act to be prescribed; or
	(b)	necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Chapter 8—Interpretation
Part 8‑1—Core concepts
Division 210—Core concepts
210‑5  Entities
	(1)	Entity means any of the following:
	(a)	an individual;
	(b)	a body corporate;
	(c)	a body politic;
	(d)	a partnership;
	(e)	any other unincorporated association or body of persons;
	(f)	a trust.
Note:	The term entity is used in a number of different but related senses. It covers all kinds of legal person. It also covers groups of legal persons, and other things, that in practice are treated as having a separate identity in the same way as a legal person does.
	(2)	Paragraph (1)(e) does not include a non‑entity joint venture (within the meaning of the Income Tax Assessment Act 1997).
	(3)	The trustee of a trust is taken to be an entity consisting of the person who is the trustee, or the persons who are the trustees, at any given time.
Note 1:	This is because a right or obligation cannot be conferred or imposed on an entity that is not a legal person.
Note 2:	The entity that is the trustee of a trust does not change merely because of a change in the person who is the trustee of the trust, or persons who are the trustees of the trust.
	(4)	A legal person can have a number of different capacities in which the person does things. In each of those capacities, the person is taken to be a different entity.
Example:	In addition to his or her personal capacity, an individual may be:
(a)	sole trustee of one or more trusts; and
(b)	one of a number of trustees of a further trust.
	In his or her personal capacity, he or she is one entity. As trustee of each trust, he or she is a different entity. The trustees of the further trust are a different entity again, of which the individual is a member.
	(5)	If a provision refers to an entity of a particular kind, it refers to the entity in its capacity as that kind of entity, not to that entity in any other capacity.
Example:	A provision that refers to a company does not cover a company in a capacity as trustee, unless it also refers to a trustee.
210‑10  Small, medium and large registered entities 
	(1)	A registered entity is a small registered entity in a particular financial year if:
	(a)	it is not a deductible gift recipient at any time during the financial year; and
	(b)	the revenue of the registered entity for the financial year is less than $250,000, or any other amount prescribed by the regulations for the purposes of this paragraph.
	(2)	A registered entity is a medium registered entity in a particular financial year if:
	(a)	it is not a small registered entity in the financial year; and
	(b)	the revenue of the registered entity for the financial year is less than $1,000,000, or any other amount prescribed by the regulations for the purposes of this paragraph.
	(3)	A registered entity is a large registered entity in a particular financial year if it is not a small registered entity or a medium registered entity in the financial year.
	(4)	Revenue is to be calculated for the purposes of this section in accordance with accounting standards in force at the relevant time (even if the standard does not otherwise apply to the financial year of the registered entity concerned).
210‑15  Responsible individuals
	(1)	If an individual is covered under one or more of the following paragraphs, the individual is a responsible individual of the registered entity:
	(a)	in the case of a registered entity that is a trust—an individual:
	(i)	who is a trustee of the registered entity; or
	(ii)	who is a director or officer of a trustee of a registered entity (if the trustee is not an individual);
	(b)	an individual who is a director or officer of the registered entity;
	(c)	an individual:
	(i)	who makes, or participates in making, decisions that affect the whole or a substantial part, of the registered entity’s activities; or
	(ii)	who has the capacity to affect significantly the registered entity’s financial standing; or
	(iii)	in accordance with whose instructions or wishes the responsible individuals of the registered entity are accustomed to act (excluding advice given by the individual in the proper performance of functions attaching to the individual’s professional capacity or their business relationship with the registered entity);
	(d)	an individual who is any of the following: 
	(i)	a receiver, or receiver and manager, of the property of the registered entity;
	(ii)	an administrator of the registered entity;
	(iii)	an administrator of a deed of company arrangement executed by the registered entity;
	(iv)	a liquidator of the registered entity;
	(v)	a trustee or other entity administering a compromise or arrangement made between the registered entity and someone else.
210‑20  Purposes for which a registered entity is registered
	(1)	If a registered entity is registered as a subtype of registered entity, the entity is registered for the purpose that corresponds with the description of that subtype of registered entity in column 3 of the table in subsection 5‑10(3).
	(2)	To avoid doubt, a registered entity may be registered for more than one purpose.
Example:	Volumes of Respect Ltd is registered as 2 subtypes of registered entity, as mentioned in items 11 and 26 of the table in subsection 5‑10(3). This means that each of the following is a purpose for which Volumes of Respect Ltd is registered:
	(a)	the promotion of reconciliation, mutual respect and tolerance in Australia;
	(b)	the encouragement of literature.

Part 8‑2—Dictionary
Division 900—Dictionary 
900‑5  Dictionary
		In this Act:
ABN has the meaning given by the Income Tax Assessment Act 1997.
accounting standards has the same meaning as in the Corporations Act 2001.
ACNC officer has the meaning given by section 180‑10.
approved form has the meaning given by section 196‑50.
ASIC means the Australian Securities and Investments Commission.
audit means an audit conducted for the purposes of this Act.
auditing standard has the same meaning as in the Corporations Act 2001.
auditor independence requirements means the requirements of Divisions 2, 3 and 5 of Part 2M.4 of the Corporations Act 2001.
auditor’s report means a report under section 55‑60.
Australian Business Register has the meaning given by the Income Tax Assessment Act 1997.
Australian law has the meaning given by the Income Tax Assessment Act 1997.
constitutional corporation means:
	(a)	a corporation to which paragraph 51(xx) of the Constitution applies; or
	(b)	a body corporate that is incorporated in a Territory.
Court means:
	(a)	the Federal Court of Australia; or
	(b)	a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
deductible gift recipient has the same meaning as in the Income Tax Assessment Act 1997.
electronic signature of an entity means a unique identification of the entity in electronic form that is approved by the Commissioner.
entity has the meaning given by section 210‑5.
financial records has the same meaning as in the Corporations Act 2001.
financial report has the meaning given by section 55‑15.
financial statements has the meaning given by section 55‑20.
former registered entity means an entity that is not a registered entity, but that used to be a registered entity.
information statement has the meaning given by section 55‑5.
large registered entity has the meaning given by section 210‑10.
lodge electronically: a document is lodged electronically if it is transmitted to the Commissioner in an electronic format approved by the Commissioner.
medium registered entity has the meaning given by section 210‑10.
notes, to financial statements, has the meaning given by section 55‑20.
personal information has the same meaning as in the Privacy Act 1988.
protected Commission information has the meaning given by section 180‑10.
Register means the Australian Charities and Not‑for‑profits Register mentioned in section 100‑10.
registered entity means an entity that is registered under Division 10.
responsible individuals’ declaration has the meaning given by section 55‑25.
review means a review of a financial report for a financial year conducted for the purposes of this Act.
small registered entity has the meaning given by section 210‑10.
taxation law has the same meaning as in the Income Tax Assessment Act 1997.