Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p21
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 21/66)
Character Range: 83537–86471

not apply; and
 (ii) one or more of the registered entities that form the reporting group are medium registered entities; or
 (c) the reporting group is to be treated as a small registered entity if paragraphs (a) and (b) do not apply.

Part 3‑3—Duty to notify

Division 65—Duty to notify

65‑1  Simplified outline
  The following is a simplified outline of this Division:
      This Division requires registered entities to notify the Commissioner of certain matters, including significant contraventions or non‑compliance that result in the entity ceasing to be entitled to registration.

65‑5  Registered entities must notify Commissioner of certain matters
 (1) A registered entity must notify the Commissioner in the approved form if any of the following circumstances exist:
 (a) its name has changed;
 (b) its address for service has changed;
 (c) an entity has ceased to be, or has become, a responsible entity of the registered entity;
 (d) its governing rules have changed;
 (e) the circumstances described in subsection (2).
Note: Section 175‑35 provides for an administrative penalty for failing to give the Commissioner a notice required by this Act within the required time.
 (2) For the purposes of paragraph (1)(e), the circumstances exist if:
 (a) the registered entity:
 (i) has contravened a provision of this Act; or
 (ii) has not complied with a governance standard or external conduct standard; and
 (b) the contravention or non‑compliance is significant (see subsection (3)); and
 (c) as a result of the contravention or non‑compliance, any of the following apply:
 (i) the registered entity is no longer entitled to be registered as a type of entity under Division 25;
 (ii) the registered entity is no longer entitled to be registered as a subtype of entity under Division 25.
 (3) For the purposes of paragraph (2)(b), in determining whether the contravention or non‑compliance is significant, take account of the following matters:
 (a) the nature, significance and persistence of any contravention or non‑compliance;
 (b) the desirability of ensuring that contributions (see section 205‑40) to the registered entity are applied consistently with the not‑for‑profit nature, and the purpose, of the registered entity.
 (4) The notification must be given:
 (a) as soon as practicable; and
 (b) subject to paragraph (c)—no later than 28 days after the registered entity first becomes aware of the circumstances mentioned in subsection (1); and
 (c) if the registered entity is a small registered entity and the notification relates only to circumstances mentioned in paragraph (1)(a), (b), (c) or (d)—no later than 60 days after the registered entity first becomes aware of those circumstances.
 (5) To avoid doubt, 2 or more notifications may be included in the same document.

Chapter 4—Regulatory powers of the ACNC Commissioner

Part 4‑1—Information gathering and monitoring powers

Division 70—Information