Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-2 - ENFORCEMENT POWERS  

Division 100 - Suspension and removal of responsible entities  

Subdivision 100-B - Suspension and removal of responsible entities  

SECTION 100-25   EFFECT OF SUSPENSION OR REMOVAL - PROHIBITION ON MANAGING THE REGISTERED ENTITY  

100-25(1)    
An entity commits an offence if:

(a)    the entity is suspended under section 100-10 or removed under section 100-15 ; and

(b)    the entity makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the registered entity.

Penalty: Imprisonment for 1 year or 50 penalty units, or both.

100-25(2)    
An entity commits an offence if:

(a)    the entity is suspended under section 100-10 or removed under section 100-15 ; and

(b)    the entity exercises the capacity to affect significantly the registered entity ' s financial standing.

Penalty: Imprisonment for 1 year or 50 penalty units, or both.

100-25(3)    
An entity commits an offence if:

(a)    the entity is suspended under section 100-10 or removed under section 100-15 ; and

(b)    the entity is an individual; and

(c)    the entity communicates instructions or wishes to the remaining responsible entities of the registered entity:

(i) knowing that those responsible entities are accustomed to act in accordance with the suspended or removed entity ' s instructions or wishes; or

(ii) intending that those responsible entities will act in accordance with those instructions or wishes; and

(d)    the communication of those instructions or wishes is not advice given by the entity in the proper performance of functions attaching to the entity ' s professional capacity or his or her business relationship with the remaining responsible entities of the registered entity.

Penalty: Imprisonment for 1 year or 50 penalty units, or both.

100-25(4)    
Strict liability applies to paragraphs (1)(a) , (2)(a) and (3)(a) .

Note: For strict liability, see section 6.1 of the Criminal Code .