Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p24
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 24/66)
Character Range: 91424–94266

whether certain provisions have been, or are being, complied with.
      It also allows an ACNC officer to monitor whether information given in compliance, or purported compliance, with certain provisions is correct.
      An ACNC officer may enter premises for the purpose of monitoring.
      Entry must be with the consent of the occupier of the premises or under a monitoring warrant.
      An ACNC officer who enters premises may exercise monitoring powers. The ACNC officer may be assisted by other individuals if that assistance is necessary and reasonable.
      An occupier's consent to an ACNC officer entering premises for the purposes of monitoring must be voluntary. ACNC officers must abide by the terms of that consent.
      An ACNC officer who enters premises under a monitoring warrant must give details of the warrant to the occupier of the premises.
      The occupier of the premises may observe the execution of a monitoring warrant and must provide reasonable facilities and assistance for the effective execution of the warrant.

Subdivision 75‑B—Application of this Division

75‑5  Provisions subject to monitoring
  The following provisions are subject to monitoring under this Division:
 (a) a provision of this Act that creates an offence;
 (b) a provision of a legislative instrument made under this Act that creates an offence;
 (c) a provision of the Crimes Act 1914 or the Criminal Code that creates an offence, to the extent that the offence relates to this Act or a legislative instrument made under this Act;
 (d) a provision of this Act, if non‑compliance with the provision gives rise to an administrative penalty;
 (e) a provision of a legislative instrument made under this Act, if non‑compliance with the provision gives rise to an administrative penalty;
 (f) a provision of this Act creating a condition, if:
 (i) compliance with the condition is necessary for an entity to be entitled to registration as a type or subtype of entity; or
 (ii) non‑compliance with the condition may lead to an entity having its registration as a type or subtype of entity revoked.
Note: These conditions are contained in sections 25‑5 (Entitlement to registration) and 35‑10 (Revoking registration).

75‑10  Information subject to monitoring
 (1) Information given in compliance or purported compliance with one or more of the following provisions is subject to monitoring under this Division:
 (a) a provision of this Act or of a legislative instrument made under this Act;
 (b) a provision of the Crimes Act 1914 or of the Criminal Code, to the extent that the provision relates to this Act or a legislative instrument made under this Act.
 (2) Information is also subject to monitoring under this Division if:
 (a) an entity has given the Commissioner the information (whether it did so voluntarily or in fulfilling