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 100-15   REMOVAL OF RESPONSIBLE ENTITIES  
Removal

100-15(1)    
The Commissioner may remove 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 prevent the likely contravention or non-compliance mentioned in that subsection).

100-15(2)    
If the Commissioner decides to remove a responsible entity 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 effect of section 100-25 (prohibition on removed responsible entity managing the registered entity); and

(d)    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).

Removal - show cause notice

100-15(3)    
Before removing a responsible entity, the Commissioner must give a written notice (a show cause notice ) to the registered entity.

100-15(4)    
The show cause notice must:

(a)    state the grounds on which the Commissioner proposes to remove 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 remove the responsible entity.

100-15(5)    
Subsections (3) and (4) 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 remove the responsible entity without giving a show cause notice to the registered entity.

Matters Commissioner must take into account

100-15(6)    
In deciding whether to remove any of the responsible entities, the Commissioner must take account of the matters mentioned in subsection 35-10(2) .

Review of decisions under this section

100-15(7)    
A responsible entity that is dissatisfied with a decision to remove the responsible entity under this section may object against the decision in the manner set out in Part 7-2 .