Document ID: chunk:federal_register_of_legislation:F2023C01018:reg:6:p3
Version: federal_register_of_legislation:F2023C01018
Segment Type: reg
Provision Reference: reg 6 (pt 3/15)
Character Range: 35637–38654

the Australian Charities and Not‑for‑profits Register or in an Australian law or is otherwise made available on request. Australian law could in 2022 be viewed on the Federal Register of Legislation website (www.legislation.gov.au) or on the AustLII website (http://www.austlii.edu.au).

45.10  Governance standard 2—Accountability to members

Object
 (1) The object of this governance standard is to ensure the accountability and transparency of a registered entity to its members.

Standard
 (2) A registered entity that has members must take reasonable steps to ensure that:
 (a) the registered entity is accountable to its members; and
 (b) the registered entity's members have an adequate opportunity to raise concerns about the governance of the registered entity.
Note 1: The steps that a registered entity may take to ensure that it is accountable to its members could include:
(a) holding annual general meetings; and
(b) providing members with an annual report (including financial information and achievements towards its purpose); and
(c) providing for elections for its responsible entities.
Note 2: The steps that a registered entity may take to ensure its members have an adequate opportunity to raise concerns could include:
(a) holding an annual general meeting with a question and answer session; and
(b) providing an opportunity for members to propose resolutions and to vote upon those resolutions.
Note 3: When taking the reasonable steps required by governance standard 2, regard must be had to requirements of the governing rules of the registered entity, to the extent that those governing rules include appropriate accountability mechanisms. If those governing rules include appropriate accountability mechanisms, compliance with those rules would demonstrate compliance with governance standard 2.
Note 4: Subdivision 60‑C of the Act sets out rules about the preparation of annual financial reports.

45.15  Governance standard 3—Compliance with Australian laws

Object
 (1) The object of this governance standard is to give the public (including members, donors, employees, volunteers and benefit recipients of a registered entity) trust and confidence that a registered entity is governed in a way that ensures its ongoing operations and the safety of its assets, through compliance with Australian laws (including preventing the misuse of its assets).
Note: Compliance with Australian laws sets a minimum benchmark by which all entities should govern themselves. A failure by a registered entity to comply with an Australian law puts the public (including members, donors, employees, volunteers and benefit recipients of the registered entity) at risk and, therefore, governance standard 3 allows the Commissioner to take a proportionate approach to:
(a) protect public trust and confidence; and
(b) protect the assets of the registered entity; and
(c) ensure that the registered entity continues to operate in a manner that is sustainable and consistent with its purposes.

Standard
 (2)