This is a type of registered charity. Generally there are two ways charities will be federally regulated entities:

  • A charity is a ‘constitutional corporation’ or it is a trust whose trustees are all constitutional corporations. A constitutional corporation is: a foreign corporation, a ‘trading or financial corporation’ formed in Australia that carries out substantial ‘trading’ or ‘financial’ activities, or a body corporate that is incorporated in a Territory
  • If the charity is connected with a Territory (the ACT, the Northern Territory, Jervis Bay or an external Territory such as Norfolk Island and Christmas Island) because: it is a body corporate that is taken to be registered in a Territory under s 119A of the Corporations Act 2001 (Cth); its main activities are carried out in or in a way connected with a territory; or it is a trust governed by the law of a territory
  • The ACNC can use all of its regulatory powers against federally regulated entities.