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

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-1 - INFORMATION GATHERING AND MONITORING POWERS  

Division 75 - Monitoring  

Subdivision 75-C - Monitoring powers  

SECTION 75-15   ACNC OFFICER MAY ENTER PREMISES BY CONSENT OR UNDER A WARRANT  

75-15(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 .

75-15(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 ).