Commonwealth Consolidated Acts

AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 75.35

ACNC officers may be assisted by other individuals

  (1)   An ACNC officer may be assisted by other individual s in exercising powers or performing functions or duties under this Division, if that assistance is necessary and reasonable. An individual giving such assistance is a n individual assisting the ACNC officer.

Powers, functions and duties of an individual assisting the ACNC officer

  (2)   An individual assisting the ACNC officer:

  (a)   may enter the premises; and

  (b)   may exercise powers and perform functions and duties under this Division for the purposes of assisting the ACNC officer to determine whether:

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

  (ii)   information subject to monitoring under this Division is correct; and

  (c)   must do so in accordance with a direction given to the individual assisting by the ACNC officer.

  (3)   A power exercised by an individual assisting the ACNC officer as mentioned in subsection   ( 2) is taken for all purposes to have been exercised by the ACNC officer.

  (4)   A function or duty performed by an individual assisting the ACNC officer as mentioned in subsection   ( 2) is taken for all purposes to have been performed by the ACNC officer .

  (5)   If a direction is given under paragraph   ( 2)(c) in writing, the direction is not a legislative instrument.