Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p54
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 54/66)
Character Range: 168742–171633

of annual report
 (2) The Commissioner must include in the report an evaluation of the ACNC's overall performance during the year, including how the ACNC has promoted the objects of this Act.
Note: The objects of this Act include promoting the reduction of unnecessary regulatory obligations on the Australian not‑for‑profit sector (see subsection 15‑5(1)).

Chapter 6—The Advisory Board

Part 6‑1—The Advisory Board

Division 135—Establishment, functions and powers

135‑5  Establishment
  The ACNC Advisory Board is established by this section.

135‑10  Membership
  The Advisory Board is to consist of:
 (a) the holders of any offices determined by the Minister for the purposes of this paragraph; and
 (b) at least 2, but no more than 8, other members (the general members) with:
 (i) expertise relating to not‑for‑profit entities (including charities); or
 (ii) experience and sufficient qualifications in relation to law, taxation or accounting.

135‑15  Function and powers of Advisory Board
 (1) The Advisory Board's function is, at the request of the Commissioner, to provide advice and make recommendations to the Commissioner in relation to the Commissioner's functions under this Act.
 (2) The Advisory Board has power to do all things necessary or convenient to be done for or in connection with the performance of its function.
Note: The expenditure of relevant money (within the meaning of the Public Governance, Performance and Accountability Act 2013) must comply with the requirements in that Act.
 (3) To avoid doubt, the Advisory Board cannot give any directions to the Commissioner.
Example: The Advisory Board could not direct the Commissioner in relation to the management of the ACNC.

Division 140—Terms and conditions of appointment of members of the Advisory Board

140‑5  Appointment

General members
 (1) A general member is to be appointed by the Minister by written instrument, on a part‑time basis.
 (2) An individual is eligible to be appointed as a general member only if the person is ordinarily resident in Australia.

Chair and Deputy Chair
 (3) The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.

Validity of appointments
 (4) An individual's appointment as a general member, the Chair or the Deputy Chair is not invalid because of a defect or irregularity in connection with the individual's appointment.

140‑10  Term of appointment
  A general member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
Note: A general member is eligible for reappointment (see section 33AA of the Acts Interpretation Act 1901).

140‑15  Remuneration and allowances
 (1) A general member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the general member is to