Australian Charities and Not-for-profits Commission Act 2012 (Cwth)
Removal
100-15(1)
The Commissioner may remove any of the responsible entities of the registered entity if the Commissioner considers that doing so is necessary to address the contravention or non-compliance mentioned in subsection 100-5(1) (or prevent the likely contravention or non-compliance mentioned in that subsection).
100-15(2)
If the Commissioner decides to remove a responsible entity under this section, the Commissioner must give to the responsible entity a written notice: (a) setting out the decision; and (b) giving the reasons for the decision; and (c) setting out the effect of section 100-25 (prohibition on removed responsible entity managing the registered entity); and (d) if the registered entity is a trust - setting out the effects of subsections 100-70(1) and (5) (former trustees ' obligations relating to books, identification of property and transfer of property).
Removal - show cause notice
100-15(3)
Before removing a responsible entity, the Commissioner must give a written notice (a show cause notice ) to the registered entity.
100-15(4)
The show cause notice must: (a) state the grounds on which the Commissioner proposes to remove the responsible entity; and (b) invite the registered entity to give the Commissioner, within 28 days after the day the notice is given, a written statement showing cause why the Commissioner should not remove the responsible entity.
100-15(5)
Subsections (3) and (4) do not apply if the Commissioner believes, on reasonable grounds and taking into account the matters mentioned in subsection 35-10(2) , that it would be appropriate for the Commissioner to remove the responsible entity without giving a show cause notice to the registered entity.
Matters Commissioner must take into account
100-15(6)
In deciding whether to remove any of the responsible entities, the Commissioner must take account of the matters mentioned in subsection 35-10(2) .
Review of decisions under this section
100-15(7)
A responsible entity that is dissatisfied with a decision to remove the responsible entity under this section may object against the decision in the manner set out in Part 7-2 .
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