On 12 March 2021, CA ANZ provided feedback to Treasury on the draft legislative instrument and explanatory materials for changes to governance standard three. Governance standard three outlines the scope of impermissible activities that registered charities must not engage in or promote others to engage in.

Purpose of consultation

The purpose of this consultation was to seek views on the proposed expanded scope of Governance standard three to include summary offences as well as extend the ACNC commissioners current enforcement powers to cover these offences.

Key Points

• We support Government’s response to recommendation 20 of the Strengthening for Purpose: Australian Charities and Not-for-profits Commission Legislation Review 2018 to explore legislative options to address uncertainty in the law
• We expressed our concern with the ACNC Commissioner’s extended remit of enforcement powers to include summary offences.
• We support the intention that “the ACNC will provide guidance and education to registered entities to help them understand and comply with these new obligations”