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Australian Charities and Not-for-Profit Commission: Enforcement Tools and Regulatory Approaches

Australian Business Law Review Vol. 45, 79-107

29 Pages Posted: 25 Aug 2017  

Marina Nehme

UNSW Australia

Date Written: 2017

Abstract

The Australian Charities and Not-for-profits Commission (ACNC) commenced operation on 3 December 2012 after a decade of inquiries and recommendations about the establishment of an independent “one-stop-shop” regulator for the charity sector. The introduction of this regulator is a move that recognises the unique and distinctive role that charities play in Australia. This article reviews the sanctions available to the ACNC. It considers some key aspects of the ACNC’s regulatory approach to date and discusses the benefits arising from this approach. The article then assesses whether the current enforcement regime available to the regulator supports the continued implementation of such a regulatory approach and empowers the ACNC to enforce the provisions in the legislation or whether some changes may be needed.

Suggested Citation

Nehme, Marina, Australian Charities and Not-for-Profit Commission: Enforcement Tools and Regulatory Approaches (2017). Australian Business Law Review Vol. 45, 79-107. Available at SSRN: https://ssrn.com/abstract=3024586

Marina Nehme (Contact Author)

UNSW Australia ( email )

UNSW Sydney NSW
Kensington, NSW 2052
Australia

HOME PAGE: http://www.law.unsw.edu.au/profile/marina-nehme

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