House of Representatives Committees

| House of Representatives Standing Committee on Economics

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Report on the Exposure draft of the Australian Charities and Not-for-profits Commission Bill

15 August 2012

© Commonwealth of Australia 2012
ISBN 978-0-642-79770-4 (Printed version)
ISBN 978-0-642-79771-1 (HTML version)

View the report as a single document - (PDF 1077KB)


View the report as separate downloadable parts:

Preliminary Pages (PDF 213KB)
 
Chapter 1 Introduction (PDF 129KB)

Referral of the Bills
Background on the sector
Rationale for the Bills
Sustainability of the sector
Independent from the ATO
Support in the sector
Treasury consultations
Overview of the Bills
Constitutional basis
Registration
The Australian Charities and Not-for-profits Register
Governance standards and external conduct standards
Reporting and record keeping
Duty to notify
Information gathering and monitoring powers
Education, compliance and enforcement
The Commission and the Advisory Board
Secrecy framework
Reviews and appeals
Penalties and offences
Objectives and conduct of the inquiry

 
Chapter 2 Analysis of the Bills - ‘Public trust and confidence’ (PDF 197KB)

Support for the Commission and its benefits to the sector
Transferring the registration role from the ATO
An educative regulator
The Commission is off to a good start
‘Red tape’ in the objects of the Bills
Analysis
Conclusion
Background
Analysis
Conclusion
Reporting framework
Analysis
Conclusion
Governance standards
Analysis
Conclusion
Reporting thresholds
Analysis
Conclusion
Privacy and reporting requirements
Anonymity of private ancillary funds
Analysis
Conclusion
Directors’ liability
Analysis
Conclusion
Procedural fairness
Analysis
Conclusion
The administrative penalty regime
Analysis
Conclusion
Review of the Act
Analysis
Conclusion
Overall conclusion

 
Dissenting report – Liberal Members of the committee (PDF 92KB)

Introduction
Regulatory burden
Harmonisation across government agencies
Powers and penalties
Lack of certainty
Privacy
Consultation process
Conclusion

 
Appendix A – Submissions and exhibits (PDF 35KB)
 
Appendix B – Hearings and witnesses (PDF 33KB)
 
Appendix C – List of advisory reports (PDF 31KB)

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