Commonwealth Consolidated Acts

AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 65.5

  (1)   A registered entity must notify the Commissioner in the approved form if any of the following circumstances exist:

  (a)   its name has changed;

  (b)   its address for service has changed;

  (c)   an entity has ceased to be, or has become, a responsible entity of the registered entity;

  (d)   its governing rules have changed;

  (e)   the circumstances described in subsection   (2).

Note:   Section   175 - 35 provides for an administrative penalty for failing to give the Commissioner a notice required by this Act within the required time.

  (2)   For the purposes of paragraph   (1)(e), the circumstances exist if:

  (a)   the registered entity:

  (i)   has contravened a provision of this Act; or

  (ii)   has not complied with a governance standard or external conduct standard; and

  (b)   the contravention or non - compliance is significant (see subsection   (3)); and

  (c)   as a result of the contravention or non - compliance, any of the following apply:

  (i)   the registered entity is no longer entitled to be registered as a type of entity under Division   25;

  (ii)   the registered entity is no longer entitled to be registered as a subtype of entity under Division   25.

  (3)   For the purposes of paragraph   (2)(b), in determining whether the contravention or non - compliance is significant, take account of the following matters:

  (a)   the nature, significance and persistence of any contravention or non - compliance;

  (b)   the desirability of ensuring that contributions (see section   205 - 40) to the registered entity are applied consistently with the not - for - profit nature, and the purpose, of the registered entity.

  (4)   The notification must be given:

  (a)   as soon as practicable; and

  (b)   subject to paragraph   (c)--no later than 28 days after the registered entity first becomes aware of the circumstances mentioned in subsection   (1); and

  (c)   if the registered entity is a small registered entity and the notification relates only to circumstances mentioned in paragraph   (1)(a), (b), (c) or (d)--no later than 60 days after the registered entity first becomes aware of those circumstances.

  (5)   To avoid doubt, 2 or more notifications may be included in the same document.