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 100-70   PROPERTY VESTED IN ACTING TRUSTEE - FORMER TRUSTEES ' OBLIGATIONS RELATING TO BOOKS, IDENTIFICATION OF PROPERTY AND TRANSFER OF PROPERTY  
Books

100-70(1)    
An entity commits an offence if:

(a)    the Commissioner makes an order under subsection 100-65(1) or (2) vesting the property of a registered entity in an acting responsible entity; and

(b)    just before the Commissioner made the order, the property was vested in:

(i) the entity (the former trustee ); or

(ii) 2 or more entities (the former trustees ), including the entity; and

(c)    the former trustee or former trustees do not, within 14 days of the Commissioner making the order, give the acting responsible entity all books (within the meaning of the Corporations Act 2001 ) relating to the registered entity ' s affairs that are in the former trustee ' s or former trustees ' possession, custody or control.

Penalty: 50 penalty units.

Identification of property and transfer of property

100-70(2)    
Subsections (3) to (5) apply if:

(a)    the property of a registered entity is vested in an entity (the former trustee ) or entities (the former trustees ); and

(b)    the Commissioner makes an order under subsection 100-65(1) or (2) vesting the property in an acting responsible entity.

100-70(3)    
The acting responsible entity may, by notice in writing to the former trustee or former trustees, require the former trustee or former trustees, so far as the former trustee or former trustees can do so:

(a)    to identify property of the registered entity; and

(b)    to explain how the former trustee or former trustees have kept account of that property.

100-70(4)    
The acting responsible entity may, by notice in writing to the former trustee or former trustees, require the former trustee or former trustees to take specified action that is necessary to bring about a transfer of specified property of the registered entity to the acting responsible entity.

100-70(5)    
The former trustee, or each of the former trustees, commits an offence if:

(a)    the acting responsible entity gives the former trustee or former trustees a notice under subsection (3) or (4) ; and

(b)    the former trustee or former trustees do not, within 28 days of the notice being given, comply with the requirement in the notice.

Penalty: 50 penalty units.

Strict liability

100-70(6)    
An offence against subsection (1) or (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code .