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AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 70.5

Commissioner may obtain information and documents

  (1)   This section applies to an entity if the Commissioner reason ably believe s that the entity has information or a document that it is reasonably necessary to obtain for the purpose of determining :

  (a)   whether a registered entity has complied, or is complying, with a provision subject to monitoring under Division   75 (see section   75 - 5 ) ; or

  (b)   whether information subject to monitoring under Division   75 (see section   75 - 10 ) is correct .

  (2)   The Commissioner may, by written notice given to the entity , require the entity :

  (a)   to give to the Commissioner, within the period and in the manner and form specified in the notice, any such information; or

  (b )   to attend and give evidence before the Commissioner, or an individual authorised by the Commissioner, for the purpose of obtaining such information; or

  (c )   to produce to the Commissioner, within the period and in the manner specified in the notice, any such documents; or

  (d )   to make copies of any such documents and to produce to the Commissioner, within the period and in the manner specified in the notice, those copies .

  (3 )   For the purposes of paragraph   ( 2 )( b ), the Commissioner may require the evidence mentioned in that paragraph:

  (a)   to be given on oath or affirmation; and

  (b)   to be given orally or in writing.

For that purpose, the Commissioner or an ACNC officer may administer an oath or affirmation.

  (4 )   A n entity commits an offence if:

  (a)   the entity is subject to a requirement under subsection   ( 2); and

  (b)   the entity fails to comply with the requirement.

Penalty:   20 penalty units.

  (5 )   A period specified under subsection   ( 2) must not be shorter than 14 days after the notice is given.

  (6 )   A notice under subsection   ( 2) must set out the effect of the following provisions:

  (a)   subsection   ( 4 );

  (b)   sections   137.1 and 137.2 of the Criminal Code (which deal with false or misleading information or documents).



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