Australian Charities and Not-for-profits Commission Act 2012 (Cwth)
Obligations
180-20(1)
Subject to subsection (2) , an obligation that is imposed under this Act on a trust is imposed on each of the following entities, but may be discharged by any such entity: (a) each entity (whether an individual or a company that is a body corporate) that was a trustee of the trust at the time the obligation arose; (b) if the trustee, or one or more of the trustees, mentioned in paragraph (a) is a company that is a body corporate - each individual who was a director of such a company at the time the obligation arose.
Liabilities
180-20(2)
An amount that is payable under this Act by a trust is payable by each of the following entities: (a) each entity (whether an individual or a company that is a body corporate) that was a trustee of the trust at the time the amount became payable; (b) if the trustee, or one or more of the trustees, mentioned in paragraph (a) is a company that is a body corporate - each individual who was a director of such a company at the time the amount became payable.
180-20(3)
An amount is payable by a director under paragraph (2)(b) only if the amount is payable by the trust because of a deliberate act or omission of the director involving dishonesty, gross negligence or recklessness.
180-20(4)
If an amount is payable under this section by more than one entity, those entities are jointly and severally liable to pay the amount.
180-20(5)
For the purpose of ensuring the payment of an amount payable under this section by an entity mentioned in paragraph (2)(a) or (b) , the Commissioner of Taxation has the same remedies against the property of the trust as the Commissioner of Taxation would have against the property of the entity.
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