Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p33
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 33/66)
Character Range: 113871–116599

conferred personally
 (1) A power conferred on an issuing officer by this Division is conferred on the issuing officer:
 (a) in a personal capacity; and
 (b) not as a court or a member of a court.

Powers need not be accepted
 (2) The issuing officer need not accept the power conferred.

Protection and immunity
 (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if the issuing officer were exercising the power:
 (a) as the court of which the issuing officer is a member; or
 (b) as a member of the court of which the issuing officer is a member.

Subdivision 75‑H—General provisions

75‑95  Identity cards
 (1) The Commissioner must issue an identity card to an ACNC officer who the Commissioner considers is likely to exercise powers and functions under this Division.

Form of identity card
 (2) The identity card must:
 (a) be in the form set out in writing by the Commissioner; and
 (b) contain a recent photograph of the ACNC officer.

Offence
 (3) An individual commits an offence if:
 (a) the individual has been issued with an identity card; and
 (b) the individual ceases to be an ACNC officer; and
 (c) the individual does not return the identity card to the Commissioner within 14 days after ceasing to be an ACNC officer.
Penalty: 1 penalty unit.
 (4) An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Defence: card lost or destroyed
 (5) Subsection (3) does not apply if the identity card was lost or destroyed.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

ACNC officer must carry card
 (6) An ACNC officer must carry his or her identity card at all times when exercising powers under this Division as an ACNC officer.

Part 4‑2—Enforcement powers

Division 80—Warnings

80‑1  Simplified outline
  The following is a simplified outline of this Division:

      The Commissioner may give a registered entity a warning notice if:
             (a) the entity is a federally regulated entity and the Commissioner reasonably believes that the entity has contravened a provision of this Act, or that it is more likely than not that the entity will contravene a provision of this Act; or
             (b) the entity is a federally regulated entity and the Commissioner reasonably believes that the entity has not complied with a governance standard, or that it is more likely than not that the entity will not comply with a governance standard; or
             (c) the Commissioner reasonably believes that the entity has not complied with an external conduct standard, or that it