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AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 45.15

Consultation

  (1)   Before the Governor - General makes a regulation for the purposes of subsection   45 - 10(1), the Minister must be satisfied that:

  (a)   appropriate consultation has been undertaken with:

  (i)   the not - for - profit sector (such as through entities that represent parts of the sector); and

  (ii)   entities having expertise in fields relevant to the proposed regulation; and

  (iii)   entities likely to be affected by the proposed regulation; and

  (iv)   the Commissioner; and

  (b)   relevant input received as part of that consultation has been taken into account adequately.

  (2)   Without limiting, by implication, the form that consultation mentioned in paragraph   (1)(a) might take, consultation to which all of the following paragraphs apply is appropriate consultation:

  (a)   the consultation involves consultation with the public;

  (b)   the consultation involves:

  (i)   notifying, directly and by advertisement, the entities mentioned in paragraph   (1)(a) of the consultation; and

  (ii)   inviting them to make submissions by a specified date and, where necessary, to participate in public hearings to be held concerning the proposed regulation;

  (c)   the consultation is facilitated by the Commissioner.

  (3)   The fact that consultation does not occur, or that input is not taken into account, does not affect the validity or enforceability of the regulation.

  (4)   Section   17 (consultation) of the Legislation Act 2003 does not apply to a regulation proposed to be made for the purposes of subsection   45 - 10(1) of this Act.



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