Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-1 - INFORMATION GATHERING AND MONITORING POWERS  

Division 70 - Information gathering powers  

SECTION 70-5   COMMISSIONER MAY OBTAIN INFORMATION AND DOCUMENTS  

70-5(1)    
This section applies to an entity if the Commissioner reasonably believes that the entity has information or a document that it is reasonably necessary to obtain for the purpose of determining:

(a)    whether a registered entity has complied, or is complying, with a provision subject to monitoring under Division 75 (see section 75-5 ); or

(b)    whether information subject to monitoring under Division 75 (see section 75-10 ) is correct.

70-5(2)    
The Commissioner may, by written notice given to the entity, require the entity:

(a)    to give to the Commissioner, within the period and in the manner and form specified in the notice, any such information; or

(b)    to attend and give evidence before the Commissioner, or an individual authorised by the Commissioner, for the purpose of obtaining such information; or

(c)    to produce to the Commissioner, within the period and in the manner specified in the notice, any such documents; or

(d)    to make copies of any such documents and to produce to the Commissioner, within the period and in the manner specified in the notice, those copies.

70-5(3)    
For the purposes of paragraph (2)(b) , the Commissioner may require the evidence mentioned in that paragraph:

(a)    to be given on oath or affirmation; and

(b)    to be given orally or in writing.

For that purpose, the Commissioner or an ACNC officer may administer an oath or affirmation.

70-5(4)    
An entity commits an offence if:

(a)    the entity is subject to a requirement under subsection (2) ; and

(b)    the entity fails to comply with the requirement.

Penalty: 20 penalty units.

70-5(5)    
A period specified under subsection (2) must not be shorter than 14 days after the notice is given.

70-5(6)    
A notice under subsection (2) must set out the effect of the following provisions:

(a)    subsection (4) ;

(b)    sections 137.1 and 137.2 of the Criminal Code (which deal with false or misleading information or documents).