Removal
(1) The Commissioner may remove any of the responsible entities of the registered entity if the Commissioner considers that doing so is necessary to address the contravention or non - compliance mentioned in subsection 100 - 5 (1) (or prevent the likely contravention or non - compliance mentioned in that sub section).
(2) If the Commissioner decides to remove a responsible entity under this section, the Commissioner must give to the responsible entity a written notice:
(a) setting out the decision; and
(b) giving the reasons for the decision ; and
(c) setting out the effect of section 100 - 25 (prohibition on removed responsible entity managing the registered entity); and
(d) if the registered entity is a trust--setting out the effects of subsections 100 - 70(1) and (5) (former trustees' obligations relating to books, identification of property and transfer of property).
Removal--show cause notice
(3) Before removing a responsible entity, the Commissioner must give a written notice (a show cause notice ) to the registered entity.
(4) The show cause notice must:
(a) state the grounds on which the Commissioner proposes to remove the responsible entity; and
(b) invite the registered entity to give the Commissioner, within 28 days after the day the notice is given, a written statement showing cause why the Commissioner should not remove the responsible entity.
(5) Subsections ( 3) and (4) do not apply if the Commissioner believes, on reasonable grounds and taking into account the matters mentioned in subsection 35 - 10(2), that it would be appropriate for the Commissioner to remove the responsible entity without giving a show cause notice to the registered entity.
Matters Commissioner must take into account
( 6 ) In deciding whether to remove any of the responsible entities, the Commissioner must take account of the matters me ntioned in subsection 35 - 10 (2).
Review of decisions under this section
(7 ) A responsible entity that is dissatisfied with a decision to remove the responsible entity under this section may object against the decision in the manner set out in Part 7 - 2 .