Assemble the papers for a registration-revocation show-cause notice
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the show-cause notice and the charity's file, build a response pack and do not write the statement. Record the grounds stated in the notice. List the circumstances in section 35-10(1) as the policy states them: the charity is not entitled to registration; it gave information that was false or misleading in a material particular in its registration application; it has contravened the Act or not complied with a governance standard, or is more likely than not to do so; or a trustee in bankruptcy, liquidator, or a person appointed under an Australian law is managing its affairs because it cannot pay its debts as they fall due. List the section 35-10(2) factors the policy says must be considered: nature, significance and persistence of the contravention; what has been or can be done to address it; that contributions are applied consistently with the not-for-profit nature and purpose; objects of Commonwealth laws that refer to registration; harm to public trust and confidence; welfare of beneficiaries; and any other matter the Commissioner considers relevant. Note the policy's 28 days for a written statement, the exception where the Commissioner considers it appropriate to revoke without a notice, the 14 days for a notice if registration is revoked, and that the revocation must state the date it takes effect. If the notice is about missing statements, record the policy that two reporting periods of missing or uncorrected Annual Information Statements, not necessarily consecutive and from the 2016 period onwards, lead to revocation unless exceptional circumstances apply, and that a notice of intention requires all outstanding reports, complete and accurate, within the notice time. Corrected statements are due within 60 days of the error being identified for a small charity and 28 days for a medium or large charity. Do not write the statement.
- What the lawyer must review
- The lawyer writes the statement and decides whether exceptional circumstances are argued. The policy says revocation is the most serious action, used in serious cases after less intrusive actions have been considered, and that a dissatisfied charity can object under Part 7-2. A charity revoked for reporting failures may seek re-registration under section 25-5 if outstanding reports are lodged, and registration may be backdated. The ATO assesses any backdated tax concessions. Voluntary revocation is a different policy and is not this task.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the show-cause notice and the charity's file, build a response pack and do not write the statement. Record the grounds stated in the notice. List the circumstances in section 35-10(1) as the policy states them: the charity is not entitled to registration; it gave information that was false or misleading in a material particular in its registration application; it has contravened the Act or not complied with a governance standard, or is more likely than not to do so; or a trustee in bankruptcy, liquidator, or a person appointed under an Australian law is managing its affairs because it cannot pay its debts as they fall due. List the section 35-10(2) factors the policy says must be considered: nature, significance and persistence of the contravention; what has been or can be done to address it; that contributions are applied consistently with the not-for-profit nature and purpose; objects of Commonwealth laws that refer to registration; harm to public trust and confidence; welfare of beneficiaries; and any other matter the Commissioner considers relevant. Note the policy's 28 days for a written statement, the exception where the Commissioner considers it appropriate to revoke without a notice, the 14 days for a notice if registration is revoked, and that the revocation must state the date it takes effect. If the notice is about missing statements, record the policy that two reporting periods of missing or uncorrected Annual Information Statements, not necessarily consecutive and from the 2016 period onwards, lead to revocation unless exceptional circumstances apply, and that a notice of intention requires all outstanding reports, complete and accurate, within the notice time. Corrected statements are due within 60 days of the error being identified for a small charity and 28 days for a medium or large charity. Do not write the statement. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not write the statement. Leave it for the lawyer.
- Match missing statements to reporting periods. Do not treat two gaps as consecutive unless they are.
- Use 60 days for a small charity's correction and 28 days for a medium or large charity. Do not swap them.
Sources
- Australian Charities and Not-for-profits Commission: Commissioner's Policy Statement — Revocation by the ACNC · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.