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 100-20   EFFECT OF SUSPENSION OR REMOVAL - SUSPENDED OR REMOVED RESPONSIBLE ENTITIES MUST NOT BE REAPPOINTED  

100-20(1)    
A responsible entity suspended under section 100-10 cannot become a responsible entity of the registered entity until the suspension ends.

100-20(2)    
A responsible entity removed under section 100-15 cannot become a responsible entity of the registered entity.

100-20(3)    
If:

(a)    an individual is a responsible entity of a registered entity because:

(i) the registered entity is a company (or is a trust, a trustee of which is a company); and

(ii) the individual is a director of the company; and

(b)    the individual is suspended under section 100-10 or removed under section 100-15 ;

the individual ceases to be a director of the company (until, in the case of suspension, the suspension ends).

Note: Suspension or removal of an individual as a responsible entity does not necessarily affect the rights or duties of the individual in other capacities.

For example, under the governing rules of an incorporated sporting club an individual may be a director of the club (and therefore a responsible entity) because he or she is the club captain. Removal of the individual as a responsible entity may not in itself remove the individual from the office of club captain.