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-B - Suspension and removal of responsible entities  

SECTION 100-25   EFFECT OF SUSPENSION OR REMOVAL - PROHIBITION ON MANAGING THE REGISTERED ENTITY  

100-25(1)    
An entity commits an offence if:

(a)    the entity is suspended under section 100-10 or removed under section 100-15 ; and

(b)    the entity makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the registered entity.

Penalty: Imprisonment for 1 year or 50 penalty units, or both.


100-25(2)    
An entity commits an offence if:

(a)    the entity is suspended under section 100-10 or removed under section 100-15 ; and

(b)    the entity exercises the capacity to affect significantly the registered entity ' s financial standing.

Penalty: Imprisonment for 1 year or 50 penalty units, or both.


100-25(3)    
An entity commits an offence if:

(a)    the entity is suspended under section 100-10 or removed under section 100-15 ; and

(b)    the entity is an individual; and

(c)    the entity communicates instructions or wishes to the remaining responsible entities of the registered entity:


(i) knowing that those responsible entities are accustomed to act in accordance with the suspended or removed entity ' s instructions or wishes; or

(ii) intending that those responsible entities will act in accordance with those instructions or wishes; and

(d)    the communication of those instructions or wishes is not advice given by the entity in the proper performance of functions attaching to the entity ' s professional capacity or his or her business relationship with the remaining responsible entities of the registered entity.

Penalty: Imprisonment for 1 year or 50 penalty units, or both.


100-25(4)    
Strict liability applies to paragraphs (1)(a) , (2)(a) and (3)(a) .

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


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.