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

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-2 - ENFORCEMENT POWERS  

Division 90 - Enforceable undertakings  

SECTION 90-10   ACCEPTANCE OF UNDERTAKINGS  

90-10(1)    
The Commissioner may accept any of the following undertakings:

(a)    a written undertaking given by a registered entity that is a federally regulated entity that the entity will, in order to comply with a provision enforceable under this Division, take specified action;

(b)    a written undertaking given by a registered entity that is a federally regulated entity that the entity will, in order to comply with a provision enforceable under this Division, refrain from taking specified action;

(c)    a written undertaking given by a registered entity that is a federally regulated entity that the entity will take specified action directed towards ensuring that:


(i) the entity does not contravene a provision enforceable under this Division in the future; or

(ii) it is more likely than not that the entity will not contravene such a provision in the future.

90-10(2)    
The Commissioner may accept any of the following undertakings:

(a)    a written undertaking given by a registered entity that the entity will, in order to comply with an external conduct standard, take specified action;

(b)    a written undertaking given by a registered entity that the entity will, in order to comply with an external conduct standard, refrain from taking specified action;

(c)    a written undertaking given by a registered entity that the entity will take specified action directed towards ensuring that:


(i) the entity does not fail to comply with an external conduct standard in the future; or

(ii) the entity is more likely than not to comply with such a standard in the future.

90-10(3)    
The undertaking must be expressed to be an undertaking under this section.

Note: Information relating to undertakings may be placed on the Register in accordance with Division 40 .


90-10(4)    
The entity may withdraw or vary the undertaking at any time, but only with the written consent of the Commissioner.

90-10(5)    
The written consent of the Commissioner is not a legislative instrument.

90-10(6)    
The Commissioner may, by written notice given to the entity, cancel the undertaking.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.