TAXATION ADMINISTRATION ACT 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 5 - Administration  

PART 5-35 - REGISTRATION AND SIMILAR PROCESSES FOR VARIOUS TAXES  

Division 426 - Process of endorsing charities and other entities  

Subdivision 426-D - Public and private ancillary funds  

Suspension and removal of trustees

SECTION 426-125   SUSPENSION OR REMOVAL OF TRUSTEES  

Suspension

426-125(1)  


The Commissioner may suspend all of the trustees of an *ancillary fund if the Commissioner is satisfied that the fund, or any of the trustees of the fund, have breached:


(a) the *public ancillary fund guidelines or the *private ancillary fund guidelines (whichever are applicable); or


(b) any other *Australian law.

426-125(2)  
The suspension of a trustee:


(a) starts when the Commissioner gives the trustee notice of the suspension under subsection (3); and


(b) ends at the time specified in the notice.

426-125(3)  
If the Commissioner decides to suspend a trustee under this section, the Commissioner must give to the trustee a written notice:


(a) setting out the decision; and


(b) giving the reasons for the decision; and


(c) setting out the time the suspension ends. Extension of suspensions

426-125(4)  
The Commissioner may change the time the suspension of a trustee ends.

426-125(5)  
If the Commissioner decides to change the time the suspension of a trustee ends under this section, the Commissioner must give to the trustee a written notice:


(a) setting out the decision; and


(b) giving the reasons for the decision; and


(c) setting out the new time the suspension ends. Removal

426-125(6)  


The Commissioner may remove all of the trustees of an *ancillary fund if the Commissioner is satisfied that the fund, or any of the trustees of the fund, have breached:


(a) the *public ancillary fund guidelines or the *private ancillary fund guidelines (whichever are applicable); or


(b) any other *Australian law.

426-125(7)  
If the Commissioner decides to remove a trustee under this section, the Commissioner must give to the trustee a written notice:


(a) setting out the decision; and


(b) giving the reasons for the decision. Review of decisions under this section

426-125(8)  
A trustee who is dissatisfied with any of the following decisions under this section may object in the manner set out in Part IVC of this Act:


(a) a decision to suspend the trustee;


(b) a decision to change the time a suspension of the trustee ends;


(c) a decision to remove the trustee.




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