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

CHAPTER 2 - REGISTRATION OF NOT FOR PROFIT ENTITIES  

PART 2-1 - REGISTRATION  

Division 35 - Revoking registration  

SECTION 35-10   REVOKING REGISTRATION  

35-10(1)    
The Commissioner may revoke the registration of a registered entity if the Commissioner reasonably believes that any of the following conditions are met:

(a)    at any time after the date of effect of the registration, the entity is or was not entitled to registration;

(b)    the registered entity provided, in connection with its application for registration, information that was false or misleading in a material particular;

(c)    at any time after the date of effect of the registration:

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

(ii) the registered entity has not complied with a governance standard or external conduct standard, or it is more likely than not that the registered entity will not comply with such a standard;

(d)    the registered entity has:

(i) a trustee in bankruptcy; or

(ii) a liquidator; or

(iii) a person appointed, or authorised, under an Australian law to manage the affairs of the entity because it is unable to pay all its debts as and when they become due and payable;

(e)    the registered entity has made a request to the Commissioner, in the approved form, that the Commissioner revoke the registration.

35-10(2)    
In deciding whether to revoke the registration of an entity the Commissioner must take account of the following matters:

(a)    the nature, significance and persistence of any contravention of this Act or non-compliance with a governance standard or external conduct standard (or any such contravention or non-compliance that is more likely than not) by the registered entity;

(b)    what action the Commissioner, the registered entity, or any of the responsible entities of the registered entity, could take or have taken:

(i) to address any such contravention or non-compliance (or prevent any such contravention or non-compliance that is more likely than not); or

(ii) to prevent any similar contravention or non-compliance;

(c)    the desirability of ensuring that contributions (see section 205-40) to the registered entity are applied consistently with the not-for-profit nature, and the purpose, of the registered entity;

(d)    the objects of any Commonwealth laws that refer to registration under this Act;

(e)    the extent (if any) to which the registered entity is conducting its affairs in a way that may cause harm to, or jeopardise, the public trust and confidence in the not-for-profit sector mentioned in subsection 15-5(1) (Objects of this Act);

(f)    the welfare of members of the community (if any) that receive direct benefits from the registered entity;

(g)    any other matter that the Commissioner considers relevant.

35-10(3)    
The revocation must specify the day on which the entity ' s registration is taken to be revoked. The specified day must be:

(a)    if the reason for the revocation is that the entity is not entitled to registration:

(i) the day on which the entity first ceased to be entitled; or

(ii) a later day; or

(b)    if the reason for the revocation is that the entity provided, in connection with its application for registration, information that was false or misleading in a material particular:

(i) the day on which the registration took effect; or

(ii) a later day; or

(c)    otherwise:

(i) the day on which the revocation is made; or

(ii) a later day.

35-10(4)    
The Commissioner must give the entity written notice within 14 days if the Commissioner revokes its registration.