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

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-2 - ENFORCEMENT POWERS  

Division 90 - Enforceable undertakings  

SECTION 90-10   ACCEPTANCE OF UNDERTAKINGS  

90-10(1)    
The Commissioner may accept any of the following undertakings:

(a)    a written undertaking given by a registered entity that is a federally regulated entity that the entity will, in order to comply with a provision enforceable under this Division, take specified action;

(b)    a written undertaking given by a registered entity that is a federally regulated entity that the entity will, in order to comply with a provision enforceable under this Division, refrain from taking specified action;

(c)    a written undertaking given by a registered entity that is a federally regulated entity that the entity will take specified action directed towards ensuring that:

(i) the entity does not contravene a provision enforceable under this Division in the future; or

(ii) it is more likely than not that the entity will not contravene such a provision in the future.

90-10(2)    
The Commissioner may accept any of the following undertakings:

(a)    a written undertaking given by a registered entity that the entity will, in order to comply with an external conduct standard, take specified action;

(b)    a written undertaking given by a registered entity that the entity will, in order to comply with an external conduct standard, refrain from taking specified action;

(c)    a written undertaking given by a registered entity that the entity will take specified action directed towards ensuring that:

(i) the entity does not fail to comply with an external conduct standard in the future; or

(ii) the entity is more likely than not to comply with such a standard in the future.

90-10(3)    
The undertaking must be expressed to be an undertaking under this section.

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

90-10(4)    
The entity may withdraw or vary the undertaking at any time, but only with the written consent of the Commissioner.

90-10(5)    
The written consent of the Commissioner is not a legislative instrument.

90-10(6)    
The Commissioner may, by written notice given to the entity, cancel the undertaking.