Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 3 - RESPONSIBILITIES OF REGISTERED ENTITIES  

PART 3-1 - GOVERNANCE STANDARDS AND EXTERNAL CONDUCT STANDARDS  

Division 45 - Governance standards  

SECTION 45-15   CONSULTATION  

45-15(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.

45-15(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 advertisement, the entities mentioned in paragraph (1)(a) of the consultation; and

(ii) inviting them to make submissions by a specified date and, where necessary, to participate in public hearings to be held concerning the proposed regulation;

(c)    the consultation is facilitated by the Commissioner.

45-15(3)    
The fact that consultation does not occur, or that input is not taken into account, does not affect the validity or enforceability of the regulation.

45-15(4)    
Section 17 (consultation) of the Legislation Act 2003 does not apply to a regulation proposed to be made for the purposes of subsection 45-10(1) of this Act.