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

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-2 - ENFORCEMENT POWERS  

Division 85 - Directions  

Subdivision 85-B - Commissioner ' s power to give directions  

SECTION 85-10   KINDS OF DIRECTION  

85-10(1)    
The kinds of direction that the registered entity may be given are directions to:

(a)    do a specified act that:

(i) if paragraph 85-5(1)(a) applies - the Commissioner considers is necessary to address the contravention mentioned in that paragraph (or prevent the likely contravention mentioned in that paragraph); or

(ii) if paragraph 85-5(1)(b) or (c) applies - the Commissioner considers is necessary to address the non-compliance mentioned in that paragraph (or prevent the likely non-compliance mentioned in that paragraph); or

(b)    not do a specified act that:

(i) if paragraph 85-5(1)(a) applies - the Commissioner considers is necessary to refrain from doing to address the contravention mentioned in that paragraph (or prevent the likely contravention mentioned in that paragraph); or

(ii) if paragraph 85-5(1)(b) or (c) applies - the Commissioner considers is necessary to refrain from doing to address the non-compliance mentioned in that paragraph (or prevent the likely non-compliance mentioned in that paragraph).

Note: Information relating to directions, variations of directions and revocations of directions may be placed on the Register in accordance with Division 40 .

85-10(2)    
Without limiting the generality of paragraphs (1)(a) and (b) , the direction may be:

(a)    to ensure that an individual covered by subsection (3) does not make, or participate in making, decisions that affect the whole, or a substantial part, of the business of the registered entity; or

(b)    to not enter into a specified commercial transaction, financial transaction or other transaction, including the following:

(i) borrowing any amount;

(ii) repaying any money on deposit or advance;

(iii) paying or transferring any amount or asset to any entity, or creating an obligation (contingent or otherwise) to do so.

85-10(3)    
This subsection covers an individual (other than a responsible entity of the registered entity):

(a)    who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the registered entity; or

(b)    who has the capacity to affect significantly the registered entity ' s financial standing; or

(c)    in accordance with whose instructions or wishes the responsible entities of the registered entity are accustomed to act (excluding advice given by the individual in the proper performance of functions attaching to the individual ' s professional capacity or his or her business relationship with the responsible entities of the registered entity).

85-10(4)    
Without limiting the generality of subsection (1) , the direction may:

(a)    specify a particular class of acts or particular classes of acts; or

(b)    make different provision with respect to different acts or different classes of acts.

85-10(5)    
A direction does not apply to the payment or transfer of money pursuant to an order of a court or a process of execution.