Rachel Siewert (WA, Australian Greens) Share this | Link to this | Hansard source

I move:

That the Senate—

(a) notes that the Government's proposed changes to Governance Standard 3 in the Australian Charities and Not-for-profits Commission Regulation 2013 have been labelled as unnecessary, counterproductive and counter to the objects of the Australian Charities and Not-for-profits Commission Act;

(b) recognises that the proposed changes will have a chilling effect on lawful policy advocacy by charities, bury charities in red tape and stop charities from working to improve the lives of all Australians;

(c) acknowledges that adding summary offences as a prohibited conduct for charities is an overreach inconsistent with the rule of law;

(d) condemns the Government for targeting charities and not-for-profit organisations that do vital work advocating for the most vulnerable in our community; and

(e) calls on the Federal Government to abandon its proposed changes to Governance Standard 3 and repeal this standard in line with recommendations of the Australian Charities and Not-for-profits Commission legislation review 2018 expert panel.

Jonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Scott Ryan (President) Share this | Link to this | Hansard source

Leave is granted for one minute.

Jonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | Link to this | Hansard source

The proposed changes to governance standard 3 seek to redefine the standard to capture offences of trespass, vandalism, theft, assault and intimidation. This will empower the ACNC commissioner to investigate such breaches of the law by charities and take enforcement action if warranted. Charities will still be able to undertake advocacy actions consistent with their charitable purposes, provided it is conducted lawfully. Registered charities that act lawfully and do not use their resources to promote others to engage in unlawful activities are already complying with the proposed changes.

Question agreed to.