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-C - Acting responsible entities  

SECTION 100-35   ACTING RESPONSIBLE ENTITIES OF TRUSTS WITH CONSTITUTIONAL CORPORATIONS AS TRUSTEES  

100-35(1)    
This section applies if:

(a)    the Commissioner removes or suspends a responsible entity of a registered entity at a time; and

(b)    at that time, the registered entity is a federally regulated entity to which paragraph 205-15(b) (a trust, all of the trustees of which are constitutional corporations) applies, and to which no other paragraph in section 205-15 applies; and

(c)    just before that time, the responsible entity was:

(i) a corporation to which paragraph 51(xx) of the Constitution applied; or

(ii) a body corporate that was incorporated in a Territory.

100-35(2)    
Subject to subsection (3) , the Commissioner must not appoint a person as an acting responsible entity of the registered entity unless the person meets whichever of the following requirements is applicable:

(a)    in a case to which subparagraphs (1)(c)(i) and (ii) apply - the person is a constitutional corporation;

(b)    in a case to which only subparagraph (1)(c)(i) applies - the person is a corporation to which paragraph 51(xx) of the Constitution applies;

(c)    in a case to which only subparagraph (1)(c)(ii) applies - the person is a body corporate that is incorporated in that Territory.

100-35(3)    
The Commissioner may appoint a person that does not meet the requirement in subsection (2) as an acting responsible entity of the registered entity under section 100-30 if it is not practical for the Commissioner to appoint a person that does meet that requirement.

100-35(4)    
If the Commissioner appoints a person that does not meet the requirement in subsection (2) as an acting responsible entity in accordance with subsection (3) at a time:

(a)    the person cannot act as a responsible entity under section 100-30 for longer than 6 months; and

(b)    if it becomes practical at a later time for the Commissioner to appoint a person that does meet that requirement - the person cannot act as a responsible entity after that later time.