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 100-5   COMMISSIONER ' S EXERCISE OF POWER UNDER THIS SUBDIVISION  

100-5(1)    
The Commissioner can exercise a power under this Subdivision in relation to a registered entity only if:

(a)    the registered entity is a federally regulated entity and the Commissioner reasonably believes that:

(i) the registered entity has contravened a provision of this Act; or

(ii) it is more likely than not that the registered entity will contravene a provision of this Act; or

(b)    the registered entity is a federally regulated entity and the Commissioner reasonably believes that:

(i) the registered entity has not complied with a governance standard; or

(ii) it is more likely than not that the registered entity will not comply with a governance standard; or

(c)    the Commissioner reasonably believes that:

(i) the registered entity has not complied with an external conduct standard; or

(ii) it is more likely than not that the registered entity will not comply with an external conduct standard.

100-5(2)    
This Subdivision does not apply to an entity that is a responsible entity of the registered entity only because of paragraph 205-30(c) (about trustees in bankruptcy, liquidators etc.).

100-5(3)    
The Commissioner cannot exercise a power under this Subdivision in relation to a registered entity that is a basic religious charity.

Note: Information relating to suspensions and removals may be placed on the Register in accordance with Division 40 .