Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p43
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 43/66)
Character Range: 139968–142883

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.

100‑10  Suspension of responsible entities

Suspension
 (1) The Commissioner may suspend any of the responsible entities of the registered entity, if the Commissioner considers that doing so is necessary to address the contravention or non‑compliance mentioned in subsection 100‑5(1) (or to prevent the likely contravention or non‑compliance mentioned in that subsection).
 (2) The suspension of a responsible entity under subsection (1):
 (a) starts when the Commissioner gives the responsible entity notice of the suspension under subsection (3); and
 (b) ends at the time specified in the notice.
 (3) If the Commissioner decides to suspend a responsible entity under subsection (1), the Commissioner must give to the responsible entity 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; and
 (d) setting out the effect of section 100‑25 (prohibition on suspended responsible entity managing the registered entity); and
 (e) if the registered entity is a trust—setting out the effects of subsections 100‑70(1) and (5) (former trustees' obligations relating to books, identification of property and transfer of property).

Suspension—show cause notice
 (4) Before suspending a responsible entity, the Commissioner must give a written notice (a show cause notice) to the registered entity.
 (5) The show cause notice must:
 (a) state the grounds on which the Commissioner proposes to suspend the responsible entity; and
 (b) invite the registered entity to give the Commissioner, within 28 days after the day the notice is given, a written statement showing cause why the Commissioner should not suspend the responsible entity.
 (6) Subsections (4) and (5) do not apply if the Commissioner believes,