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AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 (NO. 168, 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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