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

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-2 - ENFORCEMENT POWERS  

Division 85 - Directions  

Subdivision 85-C - Non-compliance with a direction  

SECTION 85-30   NON-COMPLIANCE WITH A DIRECTION  

85-30(1)    
A registered entity commits an offence if:

(a)    it does, or fails to do, an act; and

(b)    doing, or failing to do, the act results in a contravention of a direction given to it under Subdivision 85-B .

Penalty: 40 penalty units.

Note: If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.

85-30(2)    
If a registered entity does or fails to do an act in circumstances that give rise to the registered entity committing an offence against subsection (1) , the registered entity commits an offence against that subsection in respect of:

(a)    the first day on which the offence is committed; and

(b)    each subsequent day (if any) on which the circumstances that gave rise to the registered entity committing the offence continue (including the day of conviction for any such offence or any later day).

Note: This subsection is not intended to imply that section 4K of the Crimes Act 1914 does not apply to offences against this Act or the regulations.