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-C - Monitoring powers  

SECTION 75-35   INDIVIDUALS ASSISTING ACNC OFFICERS  
ACNC officers may be assisted by other individuals

75-35(1)    
An ACNC officer may be assisted by other individuals in exercising powers or performing functions or duties under this Division, if that assistance is necessary and reasonable. An individual giving such assistance is an individual assisting the ACNC officer.

Powers, functions and duties of an individual assisting the ACNC officer

75-35(2)    
An individual assisting the ACNC officer:

(a)    may enter the premises; and

(b)    may exercise powers and perform functions and duties under this Division for the purposes of assisting the ACNC officer to determine whether:

(i) a provision subject to monitoring under this Division has been, or is being, complied with; or

(ii) information subject to monitoring under this Division is correct; and

(c)    must do so in accordance with a direction given to the individual assisting by the ACNC officer.

75-35(3)    
A power exercised by an individual assisting the ACNC officer as mentioned in subsection (2) is taken for all purposes to have been exercised by the ACNC officer.

75-35(4)    
function or duty performed by an individual assisting the ACNC officer as mentioned in subsection (2) is taken for all purposes to have been performed by the ACNC officer.

75-35(5)    
If a direction is given under paragraph (2)(c) in writing, the direction is not a legislative instrument.