254Regulations

1. The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

2. prescribing information that must be included or provided for the purposes of this Act:
3. prescribing, for the purposes of any provision of this Act that requires a thing to be done in a manner prescribed by the regulations, the manner in which the thing must be done, including prescribing—
   1. by whom, when, where, and how the thing must be done:
   2. the form that must be used in connection with doing the thing:
   3. what information or other evidence or documents must be provided in connection with the thing:
   4. requirements with which information, evidence, or documents that are provided in connection with the thing must comply:
   5. that fees or charges must be paid in connection with doing the thing:
4. authorising the Registrar to determine or prescribe, whether by notice or by setting the requirements of the register, any of the matters under paragraph (b)(i) to (iv):
5. declaring any class or classes of persons to be, or not to be, officers for the purposes of this Act:
6. prescribing circumstances for the purposes of section 45(4):
7. prescribing countries, States, or territories for the purposes of section 47(3)(g):
8. prescribing changes for the purposes of section 52(1)(c):
9. prescribing conditions for the purposes of sections 62(3) and 67:
10. prescribing kinds of societies for the purposes of section 84(4):
11. defining total current assets for the purposes of section 103:
12. prescribing requirements under section 104(b) (financial statements of small societies):
13. prescribing kinds of societies for the purposes of section 105:
14. setting the infringement fee for each infringement offence, which must not exceed $1,000:
15. prescribing information to be included in infringement notices and reminder notices and the form of notices:
16. prescribing matters for the purposes of subpart 1 of Part 5, including prescribing persons for the purposes of sections 177(1)(a), 186(2), and 188:
17. prescribing matters for the purposes of subpart 5 of Part 5, including prescribing persons for the purposes of section 216(2)(b) and circumstances for the purposes of section 216(2)(c):
18. prescribing procedural requirements for resolutions referred to in section 229(1)(b):
19. prescribing the manner of serving documents on a society and when the documents are treated as received:
20. prescribing how information may or must be given to, provided to, or served on any person under this Act and other matters relating to that procedure (including when the information is treated as received, or as having been given, provided, or served, for the purposes of this Act and the regulations):
21. prescribing procedures, requirements, and other matters, not inconsistent with this Act, for the register, including matters that relate to—
    1. the operation of the register:
    2. the form of the register:
    3. the information to be contained in the register:
    4. access to the register:
    5. search criteria for the register:
    6. circumstances in which amendments must be made to the register:
22. specifying Acts and Provincial Ordinances for the purposes of section 257 and Schedule 3 (which allow an entity formed or incorporated by or under a specified Act or Provincial Ordinance to apply to be reregistered as an incorporated society):
23. specifying the preconditions that must be met for a body corporate or other association (an entity) to be reregistered as an incorporated society under section 257 and Schedule 3:
24. specifying terms and conditions that must be complied with by an entity after it has reregistered as an incorporated society under section 257 and Schedule 3:
25. providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

26. Regulations may be made under the following only on the recommendation of the Minister:

27. subsection (1)(l):
28. subsection (1)(u) to (w).

29. The Minister may make a recommendation under subsection (2)(a) only if the Minister has had regard to the following:

30. the circumstances in which companies and other kinds of entities are required to have their financial statements audited under other legislation:
31. the desirability of avoiding unnecessary administrative burdens, and unnecessary compliance costs, for incorporated societies:
32. the principles in section 3(d):
33. the desirability of promoting confidence in the integrity of the financial reporting of incorporated societies.

34. The Minister may make a recommendation under subsection (2)(b) in relation to an entity, or an entity of a particular type, that is formed or incorporated by or under an Act (the specified Act) only if—

35. the Minister is satisfied that allowing the entity, or an entity of that type, to reregister as an incorporated society—
    1. is not materially inconsistent with the purposes of the specified Act; and
    2. is otherwise appropriate (having regard to the purposes of this Act and whether the matter would be more appropriately dealt with by way of parliamentary enactment); and
36. in the case of a specified Act that imposes significant duties or requirements on the entity or on an entity of that type, the Minister is satisfied that an entity that is reregistered as an incorporated society will continue to be subject to substantially similar, or stricter, duties or requirements (subject to any minor or technical changes); and
37. the Minister has consulted the persons (or representatives of the persons) that the Minister considers will be substantially affected by the regulations, and those persons have had the opportunity to comment to the Minister.

38. If regulations made under subsection (1)(c) authorise the Registrar to determine or prescribe matters by notice,—

39. the notice is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless the notice applies only to 1 or more named persons; and
40. the regulations must contain a statement to that effect.

41. Different matters for the purposes of this Act may be prescribed by the regulations for different classes of persons or different classes of circumstances.

42. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).