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

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-2 - ENFORCEMENT POWERS  

Division 100 - Suspension and removal of responsible entities  

Subdivision 100-B - Suspension and removal of responsible entities  

SECTION 100-10   SUSPENSION OF RESPONSIBLE ENTITIES  
Suspension

100-10(1)    
The Commissioner may suspend any of the responsible entities of the registered entity, if the Commissioner considers that doing so is necessary to address the contravention or non-compliance mentioned in subsection 100-5(1) (or to prevent the likely contravention or non-compliance mentioned in that subsection).

100-10(2)    
The suspension of a responsible entity under subsection (1) :

(a)    starts when the Commissioner gives the responsible entity notice of the suspension under subsection (3) ; and

(b)    ends at the time specified in the notice.

100-10(3)    
If the Commissioner decides to suspend a responsible entity under subsection (1) , the Commissioner must give to the responsible entity a written notice:

(a)    setting out the decision; and

(b)    giving the reasons for the decision; and

(c)    setting out the time the suspension ends; and

(d)    setting out the effect of section 100-25 (prohibition on suspended responsible entity managing the registered entity); and

(e)    if the registered entity is a trust - setting out the effects of subsections 100-70(1) and (5) (former trustees ' obligations relating to books, identification of property and transfer of property).

Suspension - show cause notice

100-10(4)    
Before suspending a responsible entity, the Commissioner must give a written notice (a show cause notice ) to the registered entity.

100-10(5)    
The show cause notice must:

(a)    state the grounds on which the Commissioner proposes to suspend the responsible entity; and

(b)    invite the registered entity to give the Commissioner, within 28 days after the day the notice is given, a written statement showing cause why the Commissioner should not suspend the responsible entity.

100-10(6)    
Subsections (4) and (5) do not apply if the Commissioner believes, on reasonable grounds and taking into account the matters mentioned in subsection 35-10(2) , that it would be appropriate for the Commissioner to suspend the responsible entity without giving a show cause notice to the registered entity.

Extension of suspensions

100-10(7)    
The Commissioner may change the time the suspension of a responsible entity ends.

100-10(8)    
If the Commissioner decides to change the time the suspension of a responsible entity ends under this section, the Commissioner must give to the responsible entity a written notice:

(a)    setting out the decision; and

(b)    giving the reasons for the decision; and

(c)    setting out the new time the suspension ends.

Matters Commissioner must take into account

100-10(9)    
In deciding whether to suspend any of the responsible entities, when the suspension starts and ends, or whether to change the time the suspension ends, the Commissioner must take account of the matters mentioned in subsection 35-10(2) .

Review of decisions under this section

100-10(10)    
A responsible entity that is dissatisfied with either of the following decisions under this section may object against the decision in the manner set out in Part 7-2 :

(a)    a decision to suspend the responsible entity;

(b)    a decision to change the time a suspension of the responsible entity ends.