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Government response to Australian Charities and Not for profits Commission legislation review

Independent Review – Department of the Treasury

The Government was required to undertake a review of the Australian Charities and Not for profits Commission Act 2012 and the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 after their first five years of operation. The review evaluated the performance of the legislative framework and regulation of the sector, with an aim to identifying improvements that could be made. A final report was tabled in Parliament on 22 August 2018, making 30 recommendations in four parts:

  • Objects, Functions and Powers;
  • Regulatory Framework;
  • Red tape Reduction; and
  • Additional amendments.

On 6 March 2020, the Australian Government released its response to the Australian Charities and Not-for-profits Commission legislation review, agreeing recommendations that supported an effective regulator, reduced red tape, and strengthened trust.

Consistent with the Government’s Regulation Impact Statement (RIS) requirements, the Strengthening for Purpose: Australian Charities and Not-for-profits Commission Legislative Review 2018 has been certified by the Department of the Treasury (the Treasury) as meeting the requirements of a RIS.

The Office of Best Practice Regulation (OBPR) does not assess the quality of independent reviews and RIS-like documents used in lieu of a RIS. At the time of certification, the Treasury estimated average annual regulatory compliance costs of $0.94 million per annum, and the OBPR agreed that average annual costs were likely to be less than $2 million.

Please note: any accessibility queries should be directed to the Treasury.