4Regulations

4  Regulations

  The Governor‑General may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Schedule 1—Application and transitional provisions

Part 1—Dictionary

1  Dictionary

In this Schedule:

ACNC Act means the Australian Charities and Not‑for‑profits Commission Act 2012.

commencement day means the day on which this Schedule commences.

Part 2—Registration

Division 1—Endorsed entities

2  Charities

(1) This item applies to an entity:

 (a) that, on the day before the commencement day, is endorsed under Subdivision 50‑B of the Income Tax Assessment Act 1997 as exempt from income tax because the entity is covered by item 1.1, 1.5, 1.5A or 1.5B of the table in section 50‑5 of that Act; and

 (b) to which item 3 or 4 or paragraph 4D(4)(b), (5)(b) or (6)(b) of this Schedule does not apply.

(2) The Commissioner is treated as having registered the entity on the commencement day under Division 30 of the ACNC Act as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act (charity).

Charities for the advancement of religion

(3) Subitems (4) and (5) apply if the entity notifies the Commissioner that, on the day before the commencement day, the entity was a charity with a purpose that was the advancement of religion.

(4) The Commissioner is treated as having registered the entity on the commencement day under Division 30 of the ACNC Act as the subtype of entity mentioned in column 2 of item 3 of the table in subsection 25‑5(5) of that Act.

(5) A notice given under subitem (3) must be:

 (b) given to the Commissioner during the period of 12 months starting on the commencement day.

Note: Subdivision 175‑B of the ACNC Act imposes an administrative penalty if the notice contains a statement that is false or misleading in a material particular.

3  Health promotion charities

(1) This item applies to an entity that, on the day before the commencement day, is:

 (a) endorsed under section 123D of the Fringe Benefits Tax Assessment Act 1986 as a health promotion charity; or

 (b) endorsed under Subdivision 30‑BA of the Income Tax Assessment Act 1997 as a deductible gift recipient because the entity is a fund, authority or institution covered by item 1.1.6 of the table in subsection 30‑20(1) of that Act (charitable institution whose principal activity is to promote the prevention or the control of diseases in human beings).

(2) The Commissioner is treated as having registered the entity on the commencement day under Division 30 of the ACNC Act as:

 (b) the subtype of entity mentioned in column 2 of item 5 of that table (institution whose principal activity is to promote the prevention or the control of diseases in human beings).

4  Public benevolent institutions

(1) This item applies to an entity that, on the day before the commencement day, is:

 (a) endorsed under subsection 123C(1) of the Fringe Benefits Tax Assessment Act 1986 as a public benevolent institution; or

 (b) endorsed under Subdivision 30‑BA of the Income Tax Assessment Act 1997 as a deductible gift recipient because the entity is a fund, authority or institution covered by item 4.1.1 of the table in subsection 30‑45(1) of that Act (public benevolent institution).

(2) The Commissioner is treated as having registered the entity on the commencement day under Division 30 of the ACNC Act as:

 (b) the subtype of entity mentioned in column 2 of item 6 of that table (public benevolent institution).