Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p37
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 37/66)
Character Range: 124412–127107

different acts or different classes of acts.
 (5) A direction does not apply to the payment or transfer of money pursuant to an order of a court or a process of execution.

85‑15  Power to comply with directions
  The registered entity has power to comply with the direction despite anything in its governing rules or any contract or arrangement to which it is a party.

85‑20  Variation and revocation of directions
 (1) The Commissioner may, by notice in writing to the registered entity, vary the direction if, at the time of the variation, the Commissioner considers that the variation is necessary and appropriate.
 (2) In deciding whether to vary a direction, and deciding the content of the variation, the Commissioner must take account of the matters mentioned in subsection 35‑10(2).
 (3) The direction has effect until the Commissioner revokes it by notice in writing to the registered entity. The Commissioner may revoke the direction if, at the time of revocation, the Commissioner considers that the direction is no longer necessary or appropriate.
 (4) In deciding whether to revoke a direction, the Commissioner must take account of the matters mentioned in subsection 35‑10(2).
 (5) Subsection (6) applies if:
 (a) either:
 (i) the Commissioner gives a direction to the registered entity at a time; or
 (ii) the Commissioner varies a direction at a time; and
 (b) the Commissioner does not vary or revoke the direction for 12 months after that time.
 (6) The Commissioner must consider within a reasonable time after the end of that 12 months whether it would be reasonable to vary or revoke the direction.

85‑25  Objections
  A registered entity that is dissatisfied with any of the following decisions may object against it in the manner set out in Part 7‑2:
 (a) a decision to give a direction;
 (b) a decision to vary a direction;
 (c) a decision not to vary or revoke a direction after considering whether to vary or revoke it in accordance with subsection 85‑20(6).

Subdivision 85‑C—Non‑compliance with a direction

85‑30  Non‑compliance with a direction
 (1) A registered entity commits an offence if:
 (a) it does, or fails to do, an act; and
 (b) doing, or failing to do, the act results in a contravention of a direction given to it under Subdivision 85‑B.
Penalty: 40 penalty units.
Note: If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.
 (2) If a registered entity does or fails to do an act in circumstances that give rise to the registered entity committing an offence against subsection (1), the registered entity commits an