Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-1 - INFORMATION GATHERING AND MONITORING POWERS  

Division 75 - Monitoring  

Subdivision 75-A - Overview  

SECTION 75-1  

75-1   SIMPLIFIED OUTLINE  
The following is a simplified outline of this Division:

This Division allows an ACNC officer to monitor whether certain provisions have been, or are being, complied with.

It also allows an ACNC officer to monitor whether information given in compliance, or purported compliance, with certain provisions is correct.

An ACNC officer may enter premises for the purpose of monitoring.

Entry must be with the consent of the occupier of the premises or under a monitoring warrant.

An ACNC officer who enters premises may exercise monitoring powers. The ACNC officer may be assisted by other individuals if that assistance is necessary and reasonable.

An occupier ' s consent to an ACNC officer entering premises for the purposes of monitoring must be voluntary. ACNC officers must abide by the terms of that consent.

An ACNC officer who enters premises under a monitoring warrant must give details of the warrant to the occupier of the premises.

The occupier of the premises may observe the execution of a monitoring warrant and must provide reasonable facilities and assistance for the effective execution of the warrant.




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