Commonwealth Consolidated Acts

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AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 75.15

ACNC officer may enter premises by consent or under a warrant

  (1)   An ACNC officer may enter any premises and exercise the monitoring powers for either or both of the following purposes:

  (a)   determining whether a provision subject to monitoring under this Division has been, or is being, complied with;

  (b)   determining whether information subject to monitoring under this Division is correct.

Note:   The monitoring powers are set out in sections   75 - 20, 75 - 25 and 75 - 30.

  (2)   However, an ACNC officer is not authorised to enter the premises unless:

  (a)   the occupier of the premises has consented to the entry and the ACNC officer has shown his or her identity card if required by the occupier; or

  (b)   the entry is made under a monitoring warrant.

Note:   If entry to the premises is with the occupier's consent, the ACNC officer must leave the premises if the consent ceases to have effect (see section   75 - 45).



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