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Proposed changes to the ACNC Governance Standard 3

The Government has proposed changes to ACNC governance standard three to expand the scope of impermissible activities that registered charities must not engage in or promote others to engage in.

The amendments will include that, in addition to the current governance standard, registered charities:

  • must not engage in conduct that may be dealt with as a summary offence relating to real property, personal property or persons under an Australian law; and
  • must take reasonable steps to ensure their resources are not used, nor continued to be used, to promote or support any entity to engage in unlawful activities prohibited under the standard.

However, concerns have been raised that these changes will give the ACNC powers to strip charities of their status if they were “more likely than not” to commit a minor offence, and that there is no independent appeals process for the charity.

To read the media release from The Hon Michael Sukkar MP announcing the proposed changes, click here. 

View the submission from Community Council of Australia expressing concern over the proposed changes here

You can also view the proposed draft legislation here.

 

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