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

CHAPTER 7 - MISCELLANEOUS  

PART 7-1 - SECRECY  

Division 150 - Secrecy  

Subdivision 150-C - Authorised disclosure  

SECTION 150-53   NOTIFICATION AND REVIEW OF AUTHORISATION OF DISCLOSURE OF INFORMATION RELATING TO A RECOGNISED ASSESSMENT ACTIVITY  

150-53(1)    
If the Commissioner authorises a disclosure under section 150-52 , the Commissioner must give the registered entity mentioned in paragraph 150-52(3)(a) written notice of the decision to authorise the disclosure.

150-53(2)    
The notice must:

(a)    set out the information that is authorised to be disclosed; and

(b)    state that the entity may object against the decision in the manner set out in Part 7-2 ; and

(c)    state that, if the entity lodges such an objection before the day specified in the notice, which must be at least 14 days after the notice is given, the disclosure will not be made before the objection is resolved; and

(d)    state that the entity may, before the day specified in the notice under paragraph (c) , give the Commissioner a written response to the information that is to be disclosed; and

(e)    state that the response will be published with the disclosure unless:

(i) the entity indicates in the response that the response is confidential; or

(ii) the Commissioner considers the response is unsuitable for publication.

Entity may object against the decision

150-53(3)    
If the entity is dissatisfied with the decision to authorise the disclosure, the entity may object against the decision in the manner set out in Part 7-2 .

150-53(4)    
The disclosure must not be made before the day specified in the notice under paragraph (2)(c) .

150-53(5)    
If the entity lodges an objection under Part 7-2 before the day specified in the notice under paragraph (2)(c) , the disclosure must not be made until:

(a)    the Commissioner has made an objection decision in relation to the objection; and

(b)    60 days have passed since the Commissioner made the objection decision; and

(c)    if, during that period of 60 days, an application for review of the objection decision is made in accordance with Division 165 , or an appeal to a court against the objection decision is made in accordance with Division 170 - the application or appeal has been finally determined.

Note: An objection under Part 7-2 may still be lodged on or after the day specified in the notice under paragraph (2)(c) , as long as the objection is lodged in accordance with section 160-10 (which provides for when an objection is to be made). However, subsections (4) and (5) of this section do not prevent the disclosure being made if an objection is lodged on or after the day specified in the notice under paragraph (2)(c) .

150-53(6)    
Subsection (5) has effect despite sections 165-50 and 170-25 .

Publication of response

150-53(7)    
If:

(a)    the Commissioner gives an entity a notice under subsection (1) in relation to a decision to authorise a disclosure; and

(b)    the entity gives the Commissioner a response as mentioned in paragraph (2)(d) before the day specified in the notice under paragraph (2)(c) ; and

(c)    the entity does not indicate in the response that the response is confidential; and

(d)    the Commissioner does not consider that the response is unsuitable for publication; and

(e)    the disclosure is made in accordance with the authorisation;

the Commissioner must cause the response to be published on the ACNC ' s website with the disclosure.