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-D - Special provisions about acting trustees  

SECTION 100-65   PROPERTY VESTING ORDERS  

100-65(1)    
If the Commissioner appoints an acting responsible entity to act in the place of a suspended or removed trustee of the registered entity, the Commissioner must make a written order vesting the property of the registered entity in the acting responsible entity.

100-65(2)    
If the appointment ends, the Commissioner must make a written order vesting the property of the registered entity in the new acting responsible entity, the previously suspended trustee or trustees or the new permanent trustee or trustees (whichever is applicable).

100-65(3)    
If the Commissioner makes an order under this section vesting property of a registered entity in a person or persons, then, subject to subsection (4) , the property immediately vests in the person or persons by force of this section.

100-65(4)    
If:

(a)    the property is of a kind whose transfer or transmission may be registered under an Australian law; and

(b)    that law enables the registration of such an order, or enables the person or persons to be registered as the owner or owners of that property;

the property does not vest in the person or persons until the requirements of the law mentioned in paragraph (a) have been complied with.