Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p8
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 8/66)
Character Range: 49379–52293

non‑compliance with these standards that results in the entity no longer being entitled to be registered (see section 65‑5).

45‑10  Regulations establishing governance standards
 (1) The regulations may specify standards (the governance standards) with which an entity must comply in order to become registered under this Act, and to remain entitled to be registered under this Act.
 (2) Without limiting the scope of subsection (1), those standards may:
 (a) require the entity to ensure that its governing rules provide for a specified matter; or
 (b) require the entity to achieve specified outcomes and:
 (i) not specify how the entity is to achieve those outcomes; or
 (ii) specify principles as to how the entity is to achieve those outcomes; or
 (c) require the entity to establish and maintain processes for the purpose of ensuring specified matters.
 (2A) Without limiting subparagraph (2)(b)(ii), the principles mentioned in that subparagraph may reflect the size of the entity, the amount and nature of contributions to the entity and the nature of the activities undertaken by the entity in pursuit of its purposes.
 (3) Without limiting the scope of subsection (1), those standards may provide that specified requirements do not apply to specified kinds of entity.
 (4) Without limiting the scope of subsection (1), those standards may provide that different requirements apply to different kinds of entity.

Basic religious charities
 (5) The regulations must not require a registered entity to do, or not to do, a thing (including the things mentioned in subsection (2)) if the registered entity is a basic religious charity.

Political advocacy
 (6) The regulations must not require an entity not to comment on, or advocate support for, a change to any matter established by law, policy or practice in the Commonwealth, a State, a Territory or another country, if:
 (a) the comment or advocacy furthers, or is in aid of, the purpose of the entity; and
 (b) the comment or advocacy is lawful.

45‑15  Consultation
 (1) Before the Governor‑General makes a regulation for the purposes of subsection 45‑10(1), the Minister must be satisfied that:
 (a) appropriate consultation has been undertaken with:
 (i) the not‑for‑profit sector (such as through entities that represent parts of the sector); and
 (ii) entities having expertise in fields relevant to the proposed regulation; and
 (iii) entities likely to be affected by the proposed regulation; and
 (iv) the Commissioner; and
 (b) relevant input received as part of that consultation has been taken into account adequately.
 (2) Without limiting, by implication, the form that consultation mentioned in paragraph (1)(a) might take, consultation to which all of the following paragraphs apply is appropriate consultation:
 (a) the consultation involves consultation with the public;
 (b) the consultation involves:
 (i) notifying, directly and by