Document ID: chunk:federal_register_of_legislation:F2021L01418:reg:6
Version: federal_register_of_legislation:F2021L01418
Segment Type: reg
Provision Reference: reg 6
Character Range: 3792–5558

6  Matters to which the Tax Commissioner must have regard in determining an extended application date
  Under subitem 16(7) of Schedule 1 to the Act, all of the following matters are prescribed:
 (a) during the period between the application date and the transitional application date, whether the applicant took reasonable steps:
 (i) to meet or satisfy all of the requirements for entitlement for registration as a type of entity under section 25‑5 of the Australian Charities and Not‑for‑profits Commission Act 2012; and
 (ii) to apply for registration under section 30‑10 of the Australian Charities and Not‑for‑profits Commission Act 2012; and
 (iii) if the ACNC Commissioner has required the applicant under subsection 30‑15(1) of the Australian Charities and Not‑for‑profits Commission Act 2012 to give information or a document—to give that information or document;
 (b) whether it is reasonably possible that the applicant will, by the extended application date, be able to meet or satisfy the requirements mentioned in subparagraph (a)(i);
 (c) if the applicant believes that they are unlikely to be able to meet or satisfy the requirements mentioned in subparagraph (a)(i) by the transitional application date—whether it is reasonable, having regard to all the circumstances, that the applicant be given additional time to wind-up, including additional time to identify another deductible gift recipient with the same or similar purposes (including awaiting the establishment of a new deductible gift recipient with the same or similar purposes), and to distribute all remaining assets upon winding-up to that other deductible gift recipient;
 (d) any views expressed by the ACNC Commissioner about any of the matters referred to in paragraphs (a) to (c).