Australian Charities and Not-for-profits Commission Act 2012 (Cwth)
An entity is liable to an administrative penalty if: (a) the entity makes a statement to the Commissioner or to an entity that is exercising powers or performing functions under this Act; and (b) the statement is false or misleading in a material particular, whether because of things in it or omitted from it.
Note: This section applies to a statement made by an entity ' s agent as if it had been made by the entity (see subsection 175-5(2) ).
175-10(2)
An entity is liable to an administrative penalty if: (a) the entity makes a statement to an entity other than:
(i) the Commissioner; or
(b) the statement is, or purports to be, one required or permitted by this Act; and (c) the statement is false or misleading in a material particular, whether because of things in it or omitted from it.
(ii) an entity exercising powers or performing functions under this Act; and
Exception for reasonable care
175-10(3)
The entity is not liable to an administrative penalty under this section if the entity, and the entity ' s agent (if relevant), took reasonable care in connection with the making of the statement.
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