Document ID: chunk:federal_register_of_legislation:C2024A00052:clause:3_34:p2
Version: federal_register_of_legislation:C2024A00052
Segment Type: clause
Provision Reference: sch 3 cl 34 (pt 2/3)
Character Range: 32097–34898

also show if a community charity corporation is endorsed as a deductible gift recipient: see section 30‑229 of the Income Tax Assessment Act 1997.
 (2) The *Australian Business Registrar must take reasonable steps to ensure that a statement appearing in the *Australian Business Register under this section is true. For this purpose, the Registrar may:
 (a) change the statement; or
 (b) remove the statement from the Register if the statement is not true.

Administrative penalties

426‑195  Administrative penalties for community charity corporations

Administrative penalty
 (1) All of the directors of a *community charity corporation are jointly and severally liable to an administrative penalty if:
 (a) the corporation, or a director of the corporation, holds out that the corporation is endorsed as a *deductible gift recipient and the corporation is not so endorsed; or
 (b) the corporation, or a director of the corporation, holds out that the corporation is entitled to remain endorsed as a deductible gift recipient and the corporation is not so entitled; or
 (c) the corporation, or a director of the corporation, holds out that the corporation will be endorsed, as a deductible gift recipient, at a particular time and the corporation is not so endorsed at that time.
Note: The Commissioner is required to give written notice of the penalty (see section 298‑10).
 (2) The amount of the penalty is:
 (a) the amount specified in the *community charity corporation guidelines for the purposes of subsection (1); or
 (b) the amount worked out in accordance with the method specified in the community charity corporation guidelines for the purposes of subsection (1).
The guidelines may specify different penalties or methods for different circumstances.
 (3) A director who is liable to the penalty must not be reimbursed the penalty from the corporation.
Note: Division 298 in this Schedule contains machinery provisions for administrative penalties.

Defences for directors
 (4) Subsection (1) does not apply to a director if:
 (a) the director was not aware of the holding out mentioned in paragraph (1)(a), (b) or (c) (whichever applicable) and it would not have been reasonable to expect the director to have been aware of that holding out; or
 (b) the director took all reasonable steps to ensure that the holding out mentioned in that paragraph did not occur; or
 (c) there were no such steps that the director could have taken.
 (5) In determining what is reasonable for the purposes of paragraph (4)(a), (b) or (c), have regard to all relevant circumstances.
 (6) A person who wishes to rely on subsection (4) bears an evidential burden in relation to the matters in that subsection.

Power of courts to grant relief
 (7) Section 1318 of the Corporations Act 2001 (power of Court to