Duty to notify changes

40 Duty to notify changes to chief executive
  • (1) Every charitable entity must ensure that it sends or delivers to the chief executive notice of any of the following changes:

    • (a) a change to the name of the charitable entity:

    • (b) a change to the address for service of the charitable entity:

    • (c) a change in the officers of the charitable entity, whether as the result of an officer ceasing to hold office or the appointment of a new officer, or both:

    • (ca) a change that disqualifies an officer of the charitable entity from being an officer of the entity:

    • (d) a change in the balance date of the charitable entity:

    • (e) a change to the rules of the charitable entity:

    • (f) a change to the purposes of the charitable entity.

    (2) A notice under subsection (1) must—

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

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

    • (c) specify the effective date of the change; and

    • (d) be sent or delivered to the chief executive within 3 months of the later of—

      • (i) the effective date of the change; or

      • (ii) the charitable entity first becoming aware of the change.

    (3) This section does not apply if the change has been notified in an annual return sent or delivered under section 41 before the change is required to be notified under subsection (2)(d).

    Section 40 heading: amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

    Section 40(1): amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

    Section 40(1)(ca): inserted, on 25 February 2012, by section 9(1) of the Charities Amendment Act 2012 (2012 No 4).

    Section 40(2)(a): amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

    Section 40(2)(a): amended, on 25 February 2012, by section 9(2) of the Charities Amendment Act 2012 (2012 No 4).

    Section 40(2)(b): amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

    Section 40(2)(b): amended, on 25 February 2012, by section 9(3) of the Charities Amendment Act 2012 (2012 No 4).

    Section 40(2)(d): amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).