The Government today [Mon 28.6.2021] registered the Australian Charities and Not-for-profits Commission Amendment (2021 Measures No 2) Regulations 2021 to amend the Australian Charities and Not-for-profits Commission Regulation 2013 (ACNC Regs) by extending governance standard 3 of the Regs to prohibit certain kinds of summary offences: see initial coverage of its draft at 2021 LTN 31 [6].

Specifically, the instrument adds a new s 45.15(2)(aa) of the ACNC Regs which provides that a registered entity of the Australian Charities and Not-for-profits Commission (ACNC) must not engage in conduct if:

  • the conduct may be dealt with as a summary offence under a Commonwealth, State or Territory law; and
  • the summary offence relates to one of the following: (i) entering or remaining on real or personal property; (ii) destroying or damaging real or personal property; (iii) appropriating personal property belonging to another entity; and (iv) causing personal injury to an individual or any other kind of impairment of an individual’s health, including the risk or threat of such.

The amendments make clear that a registered entity may not be entitled to registration under the Australian Charities and Not-for-profits Commission Act 2012 if it engages in any of the relevant summary offences.

The provisions do not commence at all unless this instrument or a provision of this instrument is approved by the Parliament.

DATE OF EFFECT: The earlier of the day after Parliament approval, or the day after the last day on which a resolution disallowing this instrument or a provision of this instrument could be passed by either House of the Parliament.

[LTN 121, 28/6/21]

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