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

CHAPTER 2 - REGISTRATION OF NOT FOR PROFIT ENTITIES  

PART 2-2 - AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS REGISTER  

Division 40 - Australian Charities and Not-for-profits Register  

SECTION 40-10   COMMISSIONER MAY WITHHOLD OR REMOVE INFORMATION FROM REGISTER  

40-10(1)    
Regulations made for the purposes of this subsection may provide that the Commissioner must not include information on the Register, or must remove information from the Register, in prescribed circumstances.

40-10(2)    
The Commissioner may decline to include information on the Register, or may remove information from the Register, if the Commissioner considers that any of the following circumstances exist:

(a)    the information:

(i) is commercially sensitive; and

(ii) has the potential to cause detriment to the registered entity (or former registered entity) to which it relates, or to an individual;

(b)    the information is inaccurate, is likely to cause confusion or is likely to mislead the public;

(c)    the information is likely to offend a reasonable individual;

(d)    the information could endanger public safety;

(da)    all of the following subparagraphs apply:

(i) the information is the details of a warning issued to a registered entity by the Commissioner under Division 80 , as mentioned in paragraph 40-5(1)(f) ;

(ii) the information has the potential to cause detriment to the entity, or to an individual;

(iii) the contravention, likely contravention, non-compliance or likely non-compliance mentioned in subsection 80-5(1) was not, or would not be, in bad faith;

(iv) the contravention, likely contravention, non-compliance or likely non-compliance has been dealt with, or prevented, such that declining to include the information, or removing the information, would not conflict with the objects of this Act;

(e)    any circumstances prescribed by the regulations for the purposes of this paragraph.

40-10(3)    
However, the Commissioner may include the information on the Register, or decline to remove information from the Register, if the Commissioner considers that the public interest in the Register including the information outweighs the likely adverse effect of the relevant circumstance or circumstances set out in paragraphs (2)(a) to (e) .

40-10(4)    
The Commissioner may remove information mentioned in paragraph 40-5(1)(f) from the Register if:

(a)    the information has been on the Register for more than 5 years; and

(b)    the Commissioner considers that the public interest does not require the information to be retained on the Register.