This Act is the Charities Amendment Act 2012.

This Act comes into force on the day after the date on which it receives the Royal assent.

This Act amends the Charities Act 2005.

(1) This section amends section 4(1).

(2) Paragraph (b)(i) of the definition of officer is amended by omitting “; or” and substituting “; and”.

(3) Paragraph (b)(ii) of the definition of officer is amended by omitting “in any other case,”.

Section 5 is amended by inserting the following subsection after subsection (2):

(1) Section 17(1) is amended by repealing paragraph (a) and substituting the following paragraph:

(2) Section 17(1)(b) is amended by omitting “prescribed form” and substituting “form prescribed by the Commission”.

(3) Section 17(1)(d) is amended by omitting “prescribed fee” and substituting “fee prescribed by regulations”.

(4) Section 17(1)(e) is amended by omitting “prescribed information or documentation” and substituting “information or documentation prescribed by the Commission”.

Section 24(2) is amended by omitting “prescribed information or documents” and substituting “information or documents prescribed by regulations”.

Section 27(2)(d) is amended by omitting “prescribed criteria” and substituting “criteria prescribed by regulations”.

(1) Section 40(1) is amended by inserting the following paragraph after paragraph (c):

(2) Section 40(2)(a) is amended by omitting “prescribed form” and substituting “form prescribed by the Commission”.

(3) Section 40(2)(b) is amended by omitting “prescribed information or documentation” and substituting “information or documentation prescribed by the Commission”.

Section 41(2) is amended by inserting “by the Commission” after “prescribed”.

(1) The heading to section 42 is amended by omitting “Regulations concerning” and substituting “Commission must prescribe”.

(2) Section 42(1) is amended by omitting “The Governor-General may, on the recommendation of the Minister, by Order in Council,” and substituting “The Commission must”.

(3) Section 42(2) is amended by omitting “The order made under subsection (1)” and substituting “The Commission”.

(4) Section 42 is amended by adding the following subsection:

Section 44(3) is amended by omitting “prescribed form” and substituting “form prescribed by the Commission”.

Section 45(2) is amended by omitting “prescribed form” and substituting “form prescribed by the Commission”.

The following section is inserted before section 73:

(1) Section 73(1)(a) and (b) are repealed.

(2) Section 73(2) is repealed.

(3) Section 73(3) is amended by omitting “prescribed fee” and substituting “fee prescribed by regulations”.

(4) Section 73(4) is amended by inserting “by regulations” after “prescribed”.

(1) This section applies if a person becomes an officer of a charitable entity because of the amendments made to the definition of officer by section 4.

(2) The charitable entity must ensure that it sends or delivers notice of the change to the Commission or the chief executive.

(3) The notice must—

• (a) be in the form prescribed by the Commission or the chief executive (if any); and

• (b) be accompanied by a document in the form prescribed by the Commission or the chief executive that is signed by, or on behalf of, the person who became an officer and that contains a certification that the person is not disqualified under section 16 of the principal Act from being an officer of the entity; and

• (c) contain, or be accompanied by, any other information or documentation prescribed by the Commission or the chief executive; and

• (d) specify the date of commencement of this Act as the effective date of the change; and

• (e) be sent or delivered to the Commission or the chief executive together with, or as part of, the first annual return to be provided by the charitable entity under section 41 of the principal Act after the commencement of this Act.

(4) This section overrides section 40(1)(c) of the principal Act and, until the notice is sent or delivered, section 24(1)(d) of that Act.

(5) A term or expression that is used in this section and is defined in the principal Act has the meaning given by that Act.

(1) This section applies if, before the commencement of this Act, the Commission received any information or documentation that complied with the principal Act's requirements when it was received.

(2) The Commission or the chief executive, as the case may be, must deal with the information or documentation as if the principal Act had not been amended by this Act.

The Commission or the chief executive, as the case may be, may satisfy the requirement for consultation under section 42(3) or 72A(6) of the principal Act even if the consultation occurs before the commencement of this Act.

(1) This section amends the Charities (Fees, Forms, and Other Matters) Regulations 2006.

(2) After the commencement of this section,—

• (a) the Charities (Fees, Forms, and Other Matters) Regulations 2006 are called the Charities (Fees and Other Matters) Regulations 2006; and

• (b) a reference in another enactment or in a document to the Charities (Fees, Forms, and Other Matters) Regulations 2006 must be read as a reference to the Charities (Fees and Other Matters) Regulations 2006, unless the context requires otherwise.

(3) Regulation 1 is amended by omitting “Fees, Forms,” and substituting “Fees”.

(4) The heading above section 5 is revoked.

(5) Regulations 5 to 7 are revoked.

(6) The Schedule is revoked.