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AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 100.5

Commissioner's exercise of power under this Subdivision

  (1)   The Commissioner can exercise a power under this Subdivision in relation to a registered entity only if:

  (a)   the registered entity is a federally regulated entity and the Commissioner reasonably believes that:

  (i)   the registered entity has contravened a provision of this Act; or

  (ii)   it is more likely than not that the registered entity will contravene a provision of this Act; or

  (b)   the registered entity is a federally regulated entity and the Commissioner reasonably believes that:

  (i)   the registered entity has not complied with a governance standard; or

  (ii)   it is more likely than not that the registered entity will not comply with a governance standard; or

  (c)   the Commissioner reasonably believes that:

  (i)   the registered entity has not complied with an external conduct standard; or

  (ii)   it is more likely than not that the registered entity will not comply with an external conduct standard.

  (2)   This Subdivision does not apply to an entity that is a responsible entity of the registered entity only because of paragraph   205 - 30(c) (about trustees in bankruptcy, liquidators etc.).

  (3)   The Commissioner cannot exercise a power under this Subdivision in relation to a registered entity that is a basic religious charity.

Note:   Information relating to suspensions and removals may be placed on the Register in accordance with Division   40.



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