Australian Charities and Not-for-profits Commission Act 2012 (Cwth)
The following is a simplified outline of this Division:
The Commissioner ' s guidance and education (see section 110-10 ) will assist registered entities to comply with and understand their obligations under this Act. However, where enforcement action is required, the Commissioner ' s range of enforcement powers includes the power to accept enforceable undertakings, so that the Commissioner can provide a proportionate and effective regulatory response.
This Division provides the Commissioner with the authority to accept an undertaking relating to provisions in this Act or in legislative instruments made under this Act from a registered entity that is a federally regulated entity. The Commissioner will also have the authority to accept an undertaking relating to external conduct standards from any registered entity.
Undertakings may be enforced in a designated court. The orders that may be made by a court include an order directing compliance with an undertaking, an order requiring any financial benefit from a failure to comply with an undertaking to be surrendered, an order for damages, and any other orders that the court considers appropriate.
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