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

CHAPTER 7 - MISCELLANEOUS  

PART 7-3 - PENALTIES  

Division 175 - Administrative penalties  

Subdivision 175-B - Penalties for statements  

SECTION 175-10   PENALTY FOR FALSE OR MISLEADING STATEMENTS  

175-10(1)    
An entity is liable to an administrative penalty if:

(a)    the entity makes a statement to the Commissioner or to an entity that is exercising powers or performing functions under this Act; and

(b)    the statement is false or misleading in a material particular, whether because of things in it or omitted from it.

Note: This section applies to a statement made by an entity ' s agent as if it had been made by the entity (see subsection 175-5(2) ).

175-10(2)    
An entity is liable to an administrative penalty if:

(a)    the entity makes a statement to an entity other than:

(i) the Commissioner; or

(ii) an entity exercising powers or performing functions under this Act; and

(b)    the statement is, or purports to be, one required or permitted by this Act; and

(c)    the statement is false or misleading in a material particular, whether because of things in it or omitted from it.

Exception for reasonable care

175-10(3)    
The entity is not liable to an administrative penalty under this section if the entity, and the entity ' s agent (if relevant), took reasonable care in connection with the making of the statement.