Federal Register of Legislation - Australian Government

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A Bill for an Act to repeal the Australian Charities and Not for profits Commission Act 2012, and for related purposes
Administered by: Social Services
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Registered 20 Mar 2014
Introduced HR 19 Mar 2014
Table of contents.

2013‑2014

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Australian Charities and Not‑for‑profits Commission (Repeal) (No. 1) Bill 2014

 

No.      , 2014

 

(Social Services)

 

 

 

A Bill for an Act to repeal the Australian Charities and Not‑for‑profits Commission Act 2012, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Repeal etc.                                                                                                     3

Part 1—Repeal                                                                                                                  3

Australian Charities and Not‑for‑profits Commission Act 2012                       3

Part 2—Transitional provisions                                                                                4

Division 1—Introduction                                                                                            4

Division 2—Transfer of other matters                                                                     4

Division 3—Reporting obligations                                                                            5

 

 


A Bill for an Act to repeal the Australian Charities and Not‑for‑profits Commission Act 2012, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Australian Charities and Not‑for‑profits Commission (Repeal) (No. 1) Act 2014.

2  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 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1

At the same time as Schedule 1 to the Australian Charities and Not‑for‑profits Commission (Repeal) (No. 2) Act 2014 commences.

 

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.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Repeal etc.

Part 1Repeal

Australian Charities and Not‑for‑profits Commission Act 2012

1  The whole of the Act

Repeal the Act.

Part 2Transitional provisions

Division 1—Introduction

2  Definitions

In this Part:

ACNC means the Australian Charities and Not‑for‑profits Commission.

Chief Executive has the meaning given by the Financial Management and Accountability Act 1997.

successor Agency has the meaning given by item 3.

transition time means the commencement of this Part.

3  Successor Agency

(1)       The successor Agency is the Agency specified in a determination under subitem (2).

(2)       The Minister may, by legislative instrument, make a determination specifying an Agency (within the meaning of the Financial Management and Accountability Act 1997) for the purposes of subitem (1).

Division 2—Transfer of other matters

4  Transfer of records to the successor Agency

(1)       This item applies to any records or documents that were in the possession of the ACNC immediately before the transition time.

(2)       The records and documents are to be transferred to the successor Agency after the transition time.

Note:       The records and documents are Commonwealth records for the purposes of the Archives Act 1983.

5  Transfer of Ombudsman investigations

If:

                     (a)  before the transition time, a complaint was made to the Ombudsman, or the Ombudsman began an investigation, under the Ombudsman Act 1976 in relation to an action taken by the ACNC; and

                     (b)  immediately before the transition time, the Ombudsman had not finally disposed of the matter in accordance with the Ombudsman Act 1976;

the Ombudsman Act 1976 applies after the transition time as if that action had been taken by the successor Agency.

6  Protection of information

If:

                     (a)  before the transition time, information was disclosed to a person for the purposes of the Australian Charities and Not‑for‑profits Commission Act 2012; and

                     (b)  immediately before the transition time, a person was subject to a condition under Division 150 of that Act in relation to the information disclosed;

the person continues to be subject to the condition after the transition time.

Division 3—Reporting obligations

7  Final annual report—ACNC

(1)       The Chief Executive of the successor Agency must prepare and give to the Minister, for presentation to the Parliament, a report on the operations of the ACNC during the final reporting period.

(2)       The Chief Executive of the successor Agency must give the report to the Minister within 3 months after the end of the final reporting period. The Minister may grant an extension of time in special circumstances.

(3)       The Minister must table the report in each House of the Parliament as soon as practicable.

(4)       The successor Agency must publish the report on the Department’s website as soon as practicable after the report is tabled in the House of Representatives.

(5)       In this item:

final reporting period means the period:

                     (a)  beginning:

                              (i)  if, as at the transition time, no report under section 130‑5 of the Australian Charities and Not‑for‑profits Commission Act 2012 relating to the last financial year that ended before the transition time has been given to the Minister—at the start of that financial year; or

                             (ii)  otherwise—at the start of the financial year in which the transition time occurs; and

                     (b)  ending immediately before the transition time.