CHAPTER 1
-
INTRODUCTORY
PART 1.6
-
INTERACTION WITH AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012
History
Pt 1.6 inserted by No 169 of 2012, s 3, Sch 3, Pt 3[24] (effective 3 December 2012).
SECTION 111K
111K
BODIES CORPORATE REGISTERED UNDER THE
AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012
This Part applies to a body corporate that:
(a)
is registered under the
Australian Charities and Not-for-profits Commission Act 2012
; and
(b)
is none of the following:
(i)
a Commonwealth company for the purposes of the
Public Governance, Performance and Accountability Act 2013
;
(ii)
a subsidiary of a Commonwealth company for the purposes of that Act;
(iii)
a subsidiary of a corporate Commonwealth entity for the purposes of that Act.
History
S 111K amended by No 36 of 2015, s 3, Sch 5
[
33] (effective 14 April 2015).
For transitional and application provisions by No 36 of 2015, see note under s
45B(1)
.
S 111K inserted by No 169 of 2012, s 3, Sch 3, Pt 3[24] (effective 3 December 2012).
SECTION 111L
PROVISIONS NOT APPLICABLE TO THE BODY CORPORATE
111L(1)
A provision of this Act mentioned in the following table does not apply to the body corporate, subject to any conditions prescribed by the regulations for the purposes of this subsection in relation to the provision:
Provisions of this Act that do not apply to bodies corporate registered under the ACNC Act
|
Item
|
Column 1
Provision(s)
|
Column 2
Topic
|
1 |
subsection
136(5) |
Public company must lodge with ASIC a copy of a special resolution adopting, modifying or repealing its constitution |
2 |
section
138 |
ASIC may direct company to lodge consolidated constitution |
3 |
section
139 |
Company must send copy of constitution to member |
4 |
subsection
142(2)
, section
146
and subsection
146A(2) |
Company must notify ASIC of changes of address |
5 |
(a) sections
180
to
183
; and
(b) section
185
, to the extent that it relates to sections
180
to
183 |
Duties of directors etc. |
6 |
section
188
, to the extent it relates to a provision mentioned in another item of this table |
Responsibility of secretaries and directors for certain contraventions |
7 |
sections
191
to
194 |
Interests of directors |
8 |
(a) sections
201L
and
205A
to
205C
; and
(b) section
205D
, to the extent it relates to section
205B
; and
(c) section
205E |
Public information about directors etc. |
9 |
(a) Part
2G.2
(other than sections
249R
,
249RA
,
249S
,
250PAA
and
250PAB
); and
(b) Part
2G.3
, to the extent that it relates to meetings of the body corporate
'
s members |
Meetings of members |
10 |
(a) Parts
2M.1
and
2M.2
; and
(b) Part
2M.3 |
Financial reports and audit |
11 |
Chapter
2N |
Updating ASIC information about companies, registered schemes and notified foreign passport funds |
12 |
sections
601CDA
,
601CK
and
601CTA |
Foreign companies |
13 |
subsection
601CT(3)
, section
601CV
and subsections
601DH(1)
and
(1A) |
Registered body must notify ASIC of certain changes |
[
CCH Note:
S 111L(1) will be amended by No 69 of 2020, s 3, Sch 1[410]
-
[
414], by substituting
"
the Registrar
"
for
"
ASIC
"
in table item 1, column 2,
"
Directing company to lodge consolidated constitution with ASIC or the Registrar
"
for
"
ASIC may direct company to lodge consolidated constitution
"
in table item 2, column 2,
"
the Registrar
"
for
"
ASIC
"
in table item 4, column 2,
"
the Registrar
"
for
"
ASIC
"
in table item 13, column 2 and omitting
"
ASIC
"
in table item 11, column 2, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
History
S 111L(1) amended by No 9 of 2022, s 3, Sch 2[3] (effective 1 April 2022).
S 111L(1) amended by No 61 of 2018, s 3, Sch 2[67] (effective 18 September 2018).
S 111L(1) amended by No 169 of 2012, s 3, Sch 3, Pt 3[25]
-
[
28].
[
CCH Note:
Act No 169 of 2012, s 3, Sch 3, Pt 3[29] contained the following application provision (which was effective 1 July 2013):
Application of items 10 and 12 of the table in subsection 111L(1) of the
Corporations Act 2001
The following provisions of the
Corporations Act 2001
apply to a financial year for a body corporate that starts on or after 1 July 2013:
(a) item 10 of the table in subsection 111L(1);
(b) item 12 of that table, to the extent it relates to section
601CK
.
Note: For financial years, see section
323D
of the
Corporations Act 2001
.]
111L(2)
Regulations made for the purposes of subsection
(1)
may be indefinite or limited to a specified period.
Reporting by debenture issuers
111L(3)
Item 10 of the table in subsection
(1)
does not apply in relation to a financial year if the body corporate was a borrower in relation to debentures at the end of the year.
History
S 111L(3) inserted by No 169 of 2012, s 3, Sch 3, Pt 3[30].
Prescribed provisions
111L(4)
A provision of this Act prescribed by the regulations for the purposes of this subsection does not apply to the body corporate.
111L(5)
Regulations made for the purposes of subsection
(4)
may:
(a)
be expressed to be subject to conditions; and
(b)
be indefinite or limited to a specified period; and
(c)
specify a provision even if the provision is mentioned in another section of this Part.
History
S 111L inserted by No 169 of 2012, s 3, Sch 3, Pt 3[24].
SECTION 111M
MEMBER APPROVAL
111M(1)
This section applies if:
(a)
a provision of this Act provides that one or more conditions must be satisfied for there to be member approval (however described) in relation to the body corporate; and
Example: Division
3
of Part
2E.1
.
(b)
the governance standards (within the meaning of the
Australian Charities and Not-for-profits Commission Act 2012
) provide that one or more conditions must be satisfied for there to be such member approval.
111M(2)
Paragraph (1)(a) does not apply to a condition that a person give to another person particular information that relates to the matter that is the subject of the member approval.
Example: Paragraph
218(1)(b)
.
111M(3)
The provision mentioned in paragraph (1)(a) has effect, in relation to the body corporate, as if it, instead of providing for the conditions mentioned in that paragraph, provided for the conditions mentioned in paragraph (1)(b).
History
S 111M inserted by No 169 of 2012, s 3, Sch 3, Pt 3[24] (effective 3 December 2012).
SECTION 111N
NOTICES
Notice of change of address
111N(1)
For the purposes of subsection
142(3)
, the body corporate is treated as having lodged with ASIC on a day a notice that the address of its registered office has changed to a new address, if, on that day, the body corporate notifies the Commissioner of the ACNC, in accordance with the
Australian Charities and Not-for-profits Commission Act 2012
, that the body corporate
'
s address for service has changed to that new address.
[
CCH Note:
S 111N(1) will be amended by No 69 of 2020, s 3, Sch 1[415], by substituting
"
the Registrar
"
for
"
ASIC
"
, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
111N(2)
The Commissioner must give a copy of the notice to ASIC.
[
CCH Note:
S 111N(2) will be amended by No 69 of 2020, s 3, Sch 1[415], by substituting
"
the Registrar
"
for
"
ASIC
"
, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
Notice of change of name
-
registered Australian bodies and registered foreign companies
111N(3)
For the purpose of subsection
601DH(2)
, the body corporate is treated as having given ASIC on a day written notice of a change to its name if, on that day, the body corporate gives the Commissioner of the ACNC, in accordance with the
Australian Charities and Not-for-profits Commission Act 2012
, notice of the change.
[
CCH Note:
S 111N(3) will be amended by No 69 of 2020, s 3, Sch 1[415], by substituting
"
the Registrar
"
for
"
ASIC
"
, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
111N(4)
The Commissioner must give a copy of the notice to ASIC.
[
CCH Note:
S 111N(4) will be amended by No 69 of 2020, s 3, Sch 1[415], by substituting
"
the Registrar
"
for
"
ASIC
"
, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
History
S 111N inserted by No 169 of 2012, s 3, Sch 3, Pt 3[24].
[
CCH Note:
There is no section 111O.]
SECTION 111P
ANNUAL GENERAL MEETINGS
111P(1)
An order made under section
250PAA
applies to a requirement in the governance standards (within the meaning of the
Australian Charities and Not-for-profits Commission Act 2012
) for the holding of an annual general meeting in the same way as the order applies to the requirement in section
250N
.
111P(2)
An exemption under section
250PAB
applies to a provision of the governance standards (within the meaning of the
Australian Charities and Not-for-profits Commission Act 2012
) that requires the holding of an annual general meeting in the same way as the exemption applies to section
250N
.
History
S 111P inserted by No 169 of 2012, s 3, Sch 3, Pt 3[31] (effective 1 July 2013).
SECTION 111Q
PRESUMPTIONS TO BE MADE IN RECOVERY PROCEEDINGS
111Q(1)
Paragraphs
588E(4)(a)
and
(4A)(a)
and subsection
588E(5)
apply to the body corporate as if the references in those provisions to subsection
286(1)
were references to subsections 55-5(1) to (3) of the
Australian Charities and Not-for-profits Commission Act 2012
.
History
S 111Q(1) amended by No 6 of 2020, s 3, Sch 1[2] (effective 18 February 2020).
111Q(2)
Paragraphs
588E(4)(b)
and
(4A)(b)
and subsection
588E(6)
apply to the body corporate as if the references in those provisions to subsection
286(2)
were references to subsections 55-5(4) and (5) of the
Australian Charities and Not-for-profits Commission Act 2012
.
History
S 111Q(2) amended by No 6 of 2020, s 3, Sch 1[3] (effective 18 February 2020).
History
S 111Q inserted by No 169 of 2012, s 3, Sch 3, Pt 3[24] (effective 3 December 2012).