{"id":"BILL-TAS-charities-and-associations-law-miscellaneous-amendment-bill-2025-65-of-2025","name":"Charities and Associations Law (Miscellaneous) Amendment Bill 2025","slug":"charities-and-associations-law-miscellaneous-amendment-bill-2025","collection":"bill","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-01-01","administeringDepartment":null,"currentVersion":{"id":446179,"registerId":"BILL-TAS-charities-and-associations-law-miscellaneous-amendment-bill-2025-65-of-2025:current","compilationNumber":null,"startDate":"2025-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:48:01.089Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Charities and Associations Law (Miscellaneous) Amendment Bill 2025\n\n[Bill 65]-IV\nTASMANIA\n__________\nCHARITIES AND ASSOCIATIONS LAW\n(MISCELLANEOUS) AMENDMENT BILL 2025\n__________\nCONTENTS\nPART 1 – PRELIMINARY\n1. Short title\n2. Commencement\nPART 2 – ASSOCIATIONS INCORPORATION ACT 1964 AMENDED\n3. Principal Act\n4. Section 24 amended (Accounts and audit)\n5. Section 24B amended (Annual returns)\nPART 3 – COLLECTIONS FOR CHARITIES ACT 2001 AMENDED\n6. Principal Act\n7. Section 3 amended (Interpretation)\n8. Section 4A inserted\n4A. Functions of Commissioner\n9. Section 5 amended (Permissible soliciting)\n10. Section 6 amended (Approval of organisations for soliciting)\n11. Section 6A inserted\n6A. ACNC-registered entity not to solicit without\nnotifying\n12. Section 7 amended (Requirement for licence or authority in\nanother jurisdiction)\n13. Sections 9 and 10 repealed\n\n2\n14. Sections 12 and 13 repealed\n15. Sections 17, 17A, 17B, 17C, 17D, 17E and 17F inserted\n17. Codes of practice\n17A. Contravention of code of practice\n17B. Injunctions for breaches of code of practice\n17C. Infringement notices\n17D. Annual returns\n17E. Proceedings for offences\n17F. Liability of body corporates\n16. Section 18 amended (Regulations)\nPART 4 – REPEAL OF ACT\n17. Repeal of Act\n\n[Bill 65] 3\nCHARITIES AND ASSOCIATIONS LAW\n(MISCELLANEOUS) AMENDMENT BILL 2025\nThis Public Bill originated in the House of Assembly, and, having this day passed, is\nnow ready for presentation to the Legislative Council for its concurrence.\nLAURA ROSS, Clerk of the House\n26 March 2026\n(Brought in by the Minister for Small Business, Trade and\nConsumer Affairs, the Honourable Guy Barnett)\nA BILL FOR\nAn Act to amend the Collections for Charities Act 2001 and\nthe Associations Incorporation Act 1964\nBe it enacted by Her Excellency the Governor of Tasmania, by\nand with the advice and consent of the Legislative Council and\nHouse of Assembly, in Parliament assembled, as follows:\nPART 1 – PRELIMINARY\n1. Short title\nThis Act may be cited as the Charities and\nAssociations Law (Miscellaneous) Amendment\nAct 2025.\n2. Commencement\nThis Act commences on a day to be proclaimed.\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\ns. 3 Part 2 – Associations Incorporation Act 1964 Amended\n4\nPART 2 – ASSOCIATIONS INCORPORATION ACT\n1964 AMENDED\n3. Principal Act\nIn this Part, the Associations Incorporation Act\n1964* is referred to as the Principal Act.\n4. Section 24 amended (Accounts and audit)\nSection 24(1C) of the Principal Act is amended\nas follows:\n(a) by omitting “registered entity” and\nsubstituting “incorporated association”;\n(b) by omitting paragraph (a) and\nsubstituting the following paragraph:\n(a) $500 000; or\n5. Section 24B amended (Annual returns)\nSection 24B(1) of the Principal Act is amended\nas follows:\n(a) by inserting “, in such form as the\nCommissioner requires,” after “with the\nCommissioner”;\n(b) by omitting from paragraph (d) “year.”\nand substituting “year; and”;\n_______________________________________________________________\n*No. 64 of 1964\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Associations Incorporation Act 1964 Amended s. 5\n5\n(c) by inserting the following paragraph after\nparagraph (d):\n(e) such other information as the\nCommissioner requires.\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\ns. 6 Part 3 – Collections for Charities Act 2001 Amended\n6\nPART 3 – COLLECTIONS FOR CHARITIES ACT 2001\nAMENDED\n6. Principal Act\nIn this Part, the Collections for Charities Act\n2001* is referred to as the Principal Act.\n7. Section 3 amended (Interpretation)\nSection 3 of the Principal Act is amended as\nfollows:\n(a) by inserting the following definitions\nbefore the definition of administrator in\nsubsection (1):\nACNC means the Australian Charities\nand Not-for-profits Commission\nestablished under the Australian\nCharities and Not-for-profits\nCommission Act 2012 of the\nCommonwealth;\nACNC-registered entity means an\nentity registered under Part 2-1 of\nthe Australian Charities and Not-\nfor-profits Commission Act 2012\nof the Commonwealth;\n(b) by omitting the definition of charitable\npurpose from subsection (1) and\nsubstituting the following definitions:\n_______________________________________________________________\n*No. 28 of 2001\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\nPart 3 – Collections for Charities Act 2001 Amended s. 7\n7\ncharitable purpose means a\nbenevolent, philanthropic or\npatriotic purpose that includes,\nbut is not limited to, a purpose\nsuch as helping individuals, the\nwelfare of animals or the\nprotection of the environment;\ncode of practice means a code of\npractice prescribed by the\nregulations;\n(c) by inserting “, fundraised” after\n“donated” in the definition of donation in\nsubsection (1);\n(d) by inserting the following definition after\nthe definition of donation in subsection\n(1):\ninfringement offence means an\noffence against this Act or the\nregulations that is prescribed by\nthe regulations to be an\ninfringement offence;\n(e) by omitting “media;” from paragraph (g)\nof the definition of solicit in subsection\n(1) and substituting “media.”;\n(f) by omitting the definition of sunset from\nsubsection (1);\n(g) by omitting the table from subsection (3)\nand substituting the following table:\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\ns. 8 Part 3 – Collections for Charities Act 2001 Amended\n8\nCharitable Collections Act 1946 of Western Australia;\nCharitable Fundraising Act 1991 of New South\nWales;\nCollections Act 1966 of Queensland;\nCharitable Collections Act 2003 of the Australian\nCapital Territory;\nCollections for Charitable Purposes Act 1939 of\nSouth Australia;\nFundraising Act 1998 of Victoria.\n8. Section 4A inserted\nAfter section 4 of the Principal Act, the\nfollowing section is inserted:\n4A. Functions of Commissioner\nIn addition to any functions under any\nother Act, the Commissioner has the\nfollowing functions for the purposes of\nthis Act:\n(a) to advise the Minister in relation\nto the administration of this Act\nor matters arising under this Act;\n(b) to inform the public about such\nmatters relating to the operation\nof this Act as the Commissioner\nconsiders appropriate;\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\nPart 3 – Collections for Charities Act 2001 Amended s. 9\n9\n(c) to facilitate training and\neducation in respect of matters\nunder this Act;\n(d) any other function determined by\nthe Minister or prescribed by the\nregulations.\n9. Section 5 amended (Permissible soliciting)\nSection 5(2) of the Principal Act is amended by\ninserting after paragraph (a) the following\nparagraph:\n(ab) an ACNC-registered entity; or\n10. Section 6 amended (Approval of organisations for\nsoliciting)\nSection 6(1) of the Principal Act is amended by\ninserting “, other than an ACNC-registered\nentity,” after “an organisation”.\n11. Section 6A inserted\nAfter section 6 of the Principal Act, the\nfollowing section is inserted:\n6A. ACNC-registered entity not to solicit without\nnotifying\n(1) An ACNC-registered entity, other than\nan association incorporated in Tasmania\nor a corporation whose principal office is\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\ns. 12 Part 3 – Collections for Charities Act 2001 Amended\n10\nlocated in Tasmania, must not solicit for\nany charitable purpose unless it has\nfirst –\n(a) notified the Commissioner of its\nintention to do so; or\n(b) notified the ACNC of that\nintention in order for the ACNC\nto notify the Commissioner.\nPenalty: Fine not exceeding 50 penalty\nunits.\n(2) The Commissioner may impose such\nconditions as the Commissioner thinks fit\non the soliciting for a charitable purpose\nby an ACNC-registered entity.\n12. Section 7 amended (Requirement for licence or\nauthority in another jurisdiction)\nSection 7 of the Principal Act is amended by\ninserting “, other than an ACNC-registered\nentity,” after “An organisation”.\n13. Sections 9 and 10 repealed\nSections 9 and 10 of the Principal Act are\nrepealed.\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\nPart 3 – Collections for Charities Act 2001 Amended s. 14\n11\n14. Sections 12 and 13 repealed\nSections 12 and 13 of the Principal Act are\nrepealed.\n15. Sections 17, 17A, 17B, 17C, 17D, 17E and 17F\ninserted\nAfter section 16 of the Principal Act, the\nfollowing sections are inserted:\n17. Codes of practice\n(1) The Governor, on the recommendation of\nthe Minister, may make regulations\nprescribing a code of practice.\n(2) Before a code of practice is prescribed\nunder subsection (1), the Minister is to –\n(a) prepare a draft of the code of\npractice; and\n(b) in respect of the draft code of\npractice, arrange for consultation\nwith, and invite submissions\nfrom –\n(i) the public; and\n(ii) any other person, body or\norganisation who the\nMinister believes would\nhave an interest in the\nterms of the proposed\ncode of practice.\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\ns. 15 Part 3 – Collections for Charities Act 2001 Amended\n12\n(3) A person must not contravene or fail to\ncomply with a provision of a code of\npractice.\nPenalty: In the case of –\n(a) a body corporate, a fine\nnot exceeding 100 penalty\nunits; or\n(b) an individual, a fine not\nexceeding 20 penalty\nunits.\n17A. Contravention of code of practice\n(1) The Director, under the Consumer\nAffairs Act 1988, may make a\nrecommendation to the Commissioner\nthat an order be applied for under this\nsection in respect of an alleged\ncontravention of a code of practice if –\n(a) the Director investigates, under\nthat Act, a complaint in respect of\nthe code of practice; and\n(b) as a result of the investigation,\nthe Director is satisfied that a\nperson has contravened a\nprovision of the code of practice.\n(2) The Commissioner may, on the\nCommissioner’s own initiative or at the\nrecommendation of the Director under\nsubsection (1), apply to a magistrate for\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\nPart 3 – Collections for Charities Act 2001 Amended s. 15\n13\nan order under this section in respect of\nan alleged contravention of a provision\nof the code of practice.\n(3) If a magistrate is satisfied that a person\nhas contravened a provision of a code of\npractice, the magistrate may order that\nthe person –\n(a) cease contravening that\nprovision; and\n(b) rectify any consequence of the\ncontravention of that provision.\n(4) In addition to any order made under\nsubsection (3) in respect of a\ncontravention of a provision of a code of\npractice, a magistrate may make either or\nboth of the following additional orders:\n(a) an order prohibiting the person\nfrom continuing to consent to, or\nconnive at, the contravention;\n(b) an order prohibiting the person\nfrom consenting to, or conniving\nat, a similar contravention by any\nother body corporate of which the\nperson is a director or in the\nmanagement of which the person\nis concerned.\n(5) An order may only be made under\nsubsection (4) in respect of a\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\ns. 15 Part 3 – Collections for Charities Act 2001 Amended\n14\ncontravention of a provision of a code of\npractice if –\n(a) the contravention is by a body\ncorporate; and\n(b) the magistrate is satisfied that it\noccurred with the consent or\nconnivance of a person who, at\nthe time of the contravention, was\na director of the body corporate\nor a person concerned in its\nmanagement.\n(6) An order under this section may be made\nfor such period and subject to such\nconditions as the magistrate making the\norder thinks fit, including, but not limited\nto –\n(a) conditions relating to the future\nconduct of the person who is the\nsubject of the order; and\n(b) conditions relating to the actions\nto be taken to rectify the\nconsequences of the\ncontravention which is the subject\nof the order.\n(7) It is a defence in any proceedings in\nrespect of a failure to comply with a code\nof practice if the defendant establishes\nthat compliance was effected by means\nother than those specified in the code of\npractice.\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\nPart 3 – Collections for Charities Act 2001 Amended s. 15\n15\n17B. Injunctions for breaches of code of practice\n(1) The Director, under the Consumer\nAffairs Act 1988, may apply to the\nSupreme Court for an injunction under\nthis section.\n(2) The Supreme Court may grant an\ninjunction under this section if the Court\nis satisfied that a person has engaged in\nconduct that constitutes, or is proposing\nto engage in conduct that would\nconstitute –\n(a) a contravention of a provision of\nan order of a magistrate under\nsection 17A; or\n(b) attempting to contravene such a\nprovision; or\n(c) aiding, abetting, counselling or\nprocuring a person to contravene\nsuch a provision; or\n(d) inducing, or attempting to induce,\nwhether by threats or promises or\notherwise, a person to contravene\nsuch a provision; or\n(e) being in any way, directly or\nindirectly, knowingly concerned\nin, or party to, the contravention\nby a person of such a provision;\nor\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\ns. 15 Part 3 – Collections for Charities Act 2001 Amended\n16\n(f) conspiring with others to\ncontravene such a provision.\n(3) An injunction granted under\nsubsection (2) may be granted –\n(a) on such terms as the Court\nconsiders appropriate in the\ncircumstances; or\n(b) as either –\n(i) a permanent injunction; or\n(ii) an interim injunction,\nwith or without an\nundertaking being\nrequired as to damages or\ncosts.\n17C. Infringement notices\n(1) An authorized officer, within the\nmeaning of the Consumer Affairs Act\n1988, may issue and serve an\ninfringement notice on a person if the\nofficer reasonably believes that the\nperson has committed an infringement\noffence.\n(2) An infringement notice may not be\nserved on an individual who has not\nattained the age of 18 years.\n(3) An infringement notice –\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\nPart 3 – Collections for Charities Act 2001 Amended s. 15\n17\n(a) is to be in accordance\nwith section 14 of the Monetary\nPenalties Enforcement Act 2005;\nand\n(b) is not to relate to more than 3\noffences.\n(4) The regulations –\n(a) may prescribe, for infringement\noffences, the penalties payable\nunder infringement notices; and\n(b) may prescribe different penalties\nfor bodies corporate and\nindividuals.\n(5) The penalty prescribed for any\ninfringement offence is not to exceed\n20% of the maximum penalty that could\nbe imposed on an individual by a court in\nrespect of the offence.\n17D. Annual returns\n(1) The Commissioner may require an\norganisation to provide to the\nCommissioner, within 6 months after the\nend of the financial year, an annual\nreturn containing such information as the\nCommissioner may require.\n(2) An organisation is not required to\nprovide an annual return under this\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\ns. 15 Part 3 – Collections for Charities Act 2001 Amended\n18\nsection for a financial year if the\norganisation –\n(a) was an ACNC-registered entity\nfor all or part of the financial\nyear; and\n(b) has, in respect of the financial\nyear, complied with the financial\nand reporting requirements of the\nAustralian Charities and Not-for-\nprofits Commission Act 2012 of\nthe Commonwealth.\n17E. Proceedings for offences\nProceedings for an offence against this\nAct –\n(a) may, with the consent of the\nCommissioner, be commenced by\nan authorized officer, within the\nmeaning of the Consumer Affairs\nAct 1988; and\n(b) must be commenced within –\n(i) 3 years after the date on\nwhich the offence is\nalleged to have been\ncommitted; and\n(ii) 6 months after the date on\nwhich evidence of the\nalleged offence first came\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\nPart 3 – Collections for Charities Act 2001 Amended s. 15\n19\nto the attention of the\nCommissioner.\n17F. Liability of body corporates\n(1) If a body corporate contravenes a\nprovision of this Act, a person who is\nconcerned in, or takes part in, the\nmanagement of the body corporate is\ntaken to have contravened that provision.\n(2) It is a defence in proceedings in respect\nof a contravention referred to in\nsubsection (1) for a person to prove\nthat –\n(a) the body corporate contravened\nthe provision without the person’s\nknowledge; or\n(b) the person was not in a position\nto influence the conduct of the\nbody corporate in relation to the\ncontravention; or\n(c) the person, if in such a position,\nattempted to prevent the\ncontravention by the body\ncorporate.\n(3) A person referred to in subsection (1)\nmay be convicted of a contravention of a\nprovision of this Act whether or not the\nbody corporate has been convicted of its\ncontravention.\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\ns. 16 Part 3 – Collections for Charities Act 2001 Amended\n20\n(4) Nothing in this section affects the\nliability of a body corporate for an\noffence committed by it against a\nprovision of this Act.\n16. Section 18 amended (Regulations)\nSection 18(2) of the Principal Act is amended by\ninserting after paragraph (d) the following\nparagraph:\n(da) provide for the making of codes of\npractice; and\n\nCharities and Associations Law (Miscellaneous) Amendment\nAct 2025\nAct No. of 2025\nPart 4 – Repeal of Act s. 17\n21\nPART 4 – REPEAL OF ACT\n17. Repeal of Act\nThis Act is repealed on the first anniversary of\nthe day on which it commenced.\nGovernment Printer, Tasmania","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Bill is focused and transactional: it modernises and harmonises Tasmanian charity collection rules with the ACNC framework, updates reporting and compliance mechanics for Tasmanian incorporated associations, and creates a code‑of‑practice and enforcement architecture for charitable collections. It does not, on its face, expand the subject matter beyond the original purpose of regulating charitable collections and incorporated associations in Tasmania; instead it replaces and refines existing tools (notification, reporting, enforcement) and imports an ACNC‑aware classification. The inclusion of a one‑year automatic repeal limits long‑term scope unless re‑enacted."},"complexity_factors":["Multiple Acts amended (Associations Incorporation Act 1964 and Collections for Charities Act 2001) increasing cross‑statute interactions","7 new sections inserted for enforcement and regulatory regime (ss.17–17F) with varied remedies (criminal fines, magistrate orders, Supreme Court injunctions, infringement notices)","New defined terms introduced (ACNC; ACNC‑registered entity) that import Commonwealth law (Australian Charities and Not‑for‑profits Commission Act 2012) creating inter‑jurisdictional linkage (s.7)","Conditional exemptions and cross‑references (e.g. ACNC reporting can satisfy Tasmanian annual return; ACNC‑registered entities still must notify — s.17D and s.6A)","Delegated law and administrative discretion: Minister/Commissioner can prescribe codes, forms, and functions, leaving important detail to regulations and policy (s.17; s.4A; s.18 amended)","Several enforcement pathways with procedural limits and defences (limitation periods, corporate officer liability, defences for managers — ss.17E, 17F)","References to other statutes (Consumer Affairs Act 1988; Monetary Penalties Enforcement Act 2005), increasing legal cross‑referencing and procedural complexity","Repeal clause automatically removes the Act after one year, creating temporal complexity for implementation planning (Part 4, s.17)","Removal/repeal of earlier sections (ss.9–13 and ss.12–13 repealed) requiring attention to changed regime rather than simple additions"],"plain_english_summary":"**What this law changes (mechanically)**\n\n- Updates two Tasmanian laws: the Associations Incorporation Act 1964 and the Collections for Charities Act 2001.  The changes take effect on a day set by proclamation (Commencement). (Short title & s.2)\n\n- Associations Incorporated (Associations Incorporation Act 1964):\n  - Replaces a reference to a \"registered entity\" with \"incorporated association\" in the audit/threshold provision and sets a $500,000 figure in the amended paragraph (likely changing the monetary threshold that triggers certain accounts/audit requirements). (Part 2, s.3–s.4)\n  - Requires annual returns to be provided to the Commissioner in a form the Commissioner requires, and allows the Commissioner to ask for additional information. (Part 2, s.5 / amending s.24B)\n\n- Charities collections and regulation (Collections for Charities Act 2001):\n  - Adds two new defined terms: ACNC (the Commonwealth Australian Charities and Not‑for‑profits Commission) and ACNC‑registered entity (an entity registered under the ACNC Act). It also expands the definition of \"charitable purpose\" and tweaks the definition of \"donation\" to include \"fundraised\". (Part 3, s.7)\n  - Gives the Commissioner explicit functions under the Act: advise the Minister, inform the public, facilitate training/education, and any other functions the Minister/regulations prescribe. (s.4A)\n  - Treats ACNC‑registered entities differently from other organisations when it comes to soliciting (asking for donations) in Tasmania:\n    - ACNC‑registered entities are permitted to solicit but must first notify the Commissioner (or notify the ACNC so the ACNC can notify the Commissioner). There is a penalty for failing to notify (fine up to 50 penalty units). The Commissioner can also impose conditions on their soliciting. ACNC‑registered entities that are Tasmanian incorporated associations or corporations with principal office in Tasmania are excepted from this particular requirement. (s.6A; see also amendments to ss.5–7)\n  - Repeals sections 9–13 of the Principal Act (removes those earlier provisions). (s.13–14)\n  - Introduces a regime for \"codes of practice\": the Governor, on the Minister's recommendation, may make regulations prescribing codes; the Minister must prepare a draft and consult the public and interested parties before prescribing a code. Contravening a code is an offence with specified fines (up to 100 penalty units for a body corporate; up to 20 for an individual). (s.17)\n  - Provides enforcement tools tied to codes of practice:\n    - The Director (under the Consumer Affairs Act 1988) can recommend that the Commissioner apply to a magistrate for orders in relation to contraventions of a code; the Commissioner can also apply on their own initiative. Magistrates can order cessation of the contravention and rectification, and in cases where the contravention by a body corporate occurred with the consent or connivance of a director/manager, additional prohibitory orders can be made against that person. (s.17A)\n    - The Director may apply to the Supreme Court for injunctions to prevent or restrain conduct that breaches a magistrate's order related to a code. (s.17B)\n    - Authorized officers may issue infringement notices for prescribed \"infringement offences\" under the Act (subject to rules: not for under‑18s, follow the Monetary Penalties Enforcement Act provisions, not cover more than 3 offences per notice). Regulations may set infringement notice penalties (no more than 20% of the maximum individual court penalty). (s.17C)\n  - Annual returns: the Commissioner may require organisations to lodge an annual return within 6 months after the financial year end. However, an organisation does not have to supply a return under this section for a year if it was an ACNC‑registered entity for all or part of that year and complied with ACNC financial and reporting requirements for that year. (s.17D)\n  - Proceedings and limitation: authorized officers (with the Commissioner's consent) may commence proceedings; prosecutions must be started within 3 years of the alleged offence and within 6 months of the Commissioner first becoming aware of evidence of it. (s.17E)\n  - Corporate liability: if a body corporate contravenes the Act, persons involved in its management are taken to have contravened it too, subject to statutory defences (lack of knowledge, lack of ability to influence, or attempts to prevent contravention). A person can be convicted even if the body corporate is not. (s.17F)\n  - Regulations: the regulation‑making power is expanded to explicitly allow codes of practice. (s.16 / amending s.18)\n\n- Time limit for the law itself: This Act is automatically repealed one year after it commences. It is therefore time‑limited unless re‑enacted. (Part 4, s.17)\n\n\n**Who this affects**\n\n- Tasmanian incorporated associations (changes to reporting and the monetary threshold for accounts/audit; more detailed annual return requirements) (Part 2, ss.4–5).\n- Organisations (including national charities) that are registered with the ACNC but that solicit in Tasmania: they may continue to solicit but must notify the Tasmanian Commissioner first, may be subject to conditions, and face penalties and enforcement if they breach codes of practice or other requirements (Part 3, ss.6A, 17–17F).\n- The Commissioner and the Director under the Consumer Affairs Act, who gain new powers and responsibilities (information collection, training, issuing/receiving recommendations, bringing or authorising proceedings, and imposing conditions) (s.4A; ss.17A–17E).\n- Fundraisers and donors: fundraisers face additional compliance steps (notification, possible conditions, new codes), and donors may see more detailed disclosure where the Commissioner requires it in annual returns.\n\n\n**Why it matters (purpose claims and practical effects)**\n\n- The Bill explicitly aligns parts of Tasmania's charity collection rules with the ACNC system by introducing the concept of an \"ACNC‑registered entity\" and by exempting certain reporting duplication (an ACNC‑registered entity that has complied with ACNC reporting need not supply a Tasmanian annual return for that year). The Bill therefore claims to reduce duplicate reporting while retaining Tasmanian oversight (s.17D; s.7 definitions).\n\n- At the same time, Tasmanian authorities retain scope to regulate and supervise charities that solicit in Tasmania: ACNC registration does not remove Tasmanian oversight entirely. ACNC‑registered entities must notify the Commissioner before soliciting in Tasmania (s.6A) and the Commissioner may impose conditions on their activity. That creates an additional administrative step for national charities wishing to fundraise in Tasmania.\n\n- The Bill introduces enforceable \"codes of practice\" (made by regulation). Contraventions carry fines and civil enforcement tools (magistrate orders, Supreme Court injunctions, infringement notices). This shifts some compliance enforcement from purely criminal prosecution to civil regulatory tools and administrative penalties (ss.17–17C). The regulations will determine many practical details (what counts as an \"infringement offence\", the content of codes, and the penalties for infringement notices) (s.16 / s.18 amended).\n\n\n**Costs, incentives, trade‑offs and implementation risks**\n\n- Compliance costs: charities and associations that solicit in Tasmania will face new procedural steps (notifications, possible conditions, additional or new annual return fields). Larger organisations will need to decide whether to satisfy both ACNC and Tasmanian requirements or rely on the ACNC exemption (s.17D). The Commissioner may require additional information as part of annual returns (s.24B as amended / s.17D(1)).\n\n- Potential duplication vs. harmonisation: the Bill reduces some duplication by allowing ACNC reporting to satisfy Tasmanian annual return obligations (s.17D(2)). But ACNC‑registered entities still must notify the Commissioner before soliciting in Tasmania (s.6A) and can be subject to Tasmanian conditions — so full regulatory consolidation is not achieved.\n\n- Discretion and delegated lawmaking: the Minister and Commissioner obtain broad discretion: the Minister recommends codes of practice and the Commissioner can set forms, request additional information, and impose conditions on soliciting (s.4A; s.24B amend; s.6A). Many operational details will be left to regulations and administrative practice (s.17; s.18 amended). That raises the implementation risk that the practical burden on charities will depend heavily on how the Commissioner and the Minister use those powers.\n\n- Enforcement mix: the Bill provides multiple enforcement routes (infringement notices, magistrate orders, Supreme Court injunctions, criminal fines for contravening a code). This creates graduated enforcement options but also more legal complexity for charities assessing compliance risk (ss.17A–17C; s.17C on infringement notices).\n\n- Timing and continuity risk: the entire Act repeals itself one year after commencement (s.17, Part 4). That limits long‑term impact unless the Parliament re-enacts or replaces the measures within a year.\n\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: charities and associations bear compliance costs (administrative time, possible higher reporting/accounting costs if thresholds change). Fines and penalties are payable by organisations or individuals found in breach (s.17, s.17C). The Commissioner and relevant offices incur the administrative cost of running notification, education and enforcement programs (s.4A).\n\n- Who decides: the Commissioner and the Minister (via regulations) will decide forms, the content of codes of practice, and conditions on soliciting; the Director under the Consumer Affairs Act can initiate enforcement recommendations (s.4A; ss.17–17C). Courts (magistrates and the Supreme Court) decide on orders and injunctions in enforcement actions (ss.17A–17B).\n\n- Behaviour changes likely prompted: ACNC‑registered charities will add a notification step before Tasmanian fundraising and may alter fundraising plans to accommodate conditions. Tasmanian incorporated associations will adjust annual reporting to the Commissioner’s required form and may become subject to the $500,000-related audit/accounting threshold as amended (Part 2).\n\n\n**Primary sections to look at for more detail**\n- Notification and conditions for ACNC‑registered entities: s.6A\n- Codes of practice and consultation: s.17\n- Infringement notices and penalties: s.17C\n- Annual return interaction with ACNC reporting: s.17D\n- Time limit for the Act: Part 4, s.17\n\n\n(References in parentheses are to the Bill's sections as numbered.)"},"summary":{"status_summary":"The Charities and Associations Law (Miscellaneous) Amendment Bill 2025 was introduced in the Tasmanian House of Assembly on 26 March 2026 and is awaiting debate and passage.","complexity_score":6,"likely_questions":["What is the new audit threshold for incorporated associations under the Associations Incorporation Act?","Do ACNC-registered charities need a licence to fundraise in Tasmania under the amended Collections for Charities Act?","What are the penalties for breaching a code of practice under section 17?","How does the notification requirement for ACNC-registered entities work if their principal office is outside Tasmania?","Will the amendments remain in force after the amending Act is repealed on its first anniversary?","What is the definition of charitable purpose under the amended Collections for Charities Act?","Who can issue infringement notices and what is the maximum penalty?","What defences are available for directors under section 17F for body corporate contraventions?","When will the Act commence?","How does the bill affect incorporated associations that are also ACNC-registered?"],"complexity_factors":["Introduces new definitions for ACNC and ACNC-registered entities, affecting which entities are exempt from approval but subject to notification","Creates a new code of practice regime with ministerial consultation, mandatory compliance, and penalties","Extends personal liability to directors and management of body corporates for contraventions, with limited defences","Adds an infringement notice scheme with capped penalties for prescribed offences","Amends audit threshold and annual return requirements for incorporated associations","Empowers the Commissioner to require annual returns and to impose conditions on ACNC entities soliciting","Amending Act self-repeals after one year, but amendments remain in force, creating potential confusion about ongoing effect"],"plain_english_summary":"The bill amends Tasmania’s Associations Incorporation Act and Collections for Charities Act to raise the audit threshold, let the Commissioner prescribe annual return forms, broaden “charitable” purposes, and let ACNC‑registered entities solicit in Tasmania (with notification and possible conditions for non‑Tasmanian bodies). It creates a new code/regulatory regime, stronger enforcement (fines, injunctions, infringement notices) and personal liability for directors. The amending Act self‑repeals after one year but the substantive changes remain in force."}},"importantCases":[],"_links":{"self":"/api/acts/charities-and-associations-law-miscellaneous-amendment-bill-2025","history":"/api/acts/charities-and-associations-law-miscellaneous-amendment-bill-2025/history","analysis":"/api/acts/charities-and-associations-law-miscellaneous-amendment-bill-2025/analysis","conflicts":"/api/acts/charities-and-associations-law-miscellaneous-amendment-bill-2025/conflicts","importantCases":"/api/acts/charities-and-associations-law-miscellaneous-amendment-bill-2025/important-cases","documents":"/api/acts/charities-and-associations-law-miscellaneous-amendment-bill-2025/documents"}}