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

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-2 - ENFORCEMENT POWERS  

Division 95 - Injunctions  

SECTION 95-1  

95-1   SIMPLIFIED OUTLINE  
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 apply for injunctions, so that the Commissioner can provide a proportionate and effective regulatory response.

A designated court may grant an injunction (including a consent injunction or interim injunction) in the enforcement of provisions enforceable under this Division if:

  • (a) the injunction or interim injunction relates to a registered entity that is a federally regulated entity; or
  • (b) the injunction or interim injunction relates to a registered entity and is in respect of an external conduct standard.

    • Injunctions may restrain registered entities from contravening a provision enforceable under this Division, or compel the doing of a thing.

     

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