Document ID: chunk:federal_register_of_legislation:F2023C01018:reg:6:p5
Version: federal_register_of_legislation:F2023C01018
Segment Type: reg
Provision Reference: reg 6 (pt 5/15)
Character Range: 40953–43851

time during the preceding 12 months, from being a responsible entity of a registered entity under subsection (4).
Note: Other Australian laws may place other limitations on who may be the responsible entity of a registered entity, or a particular type of registered entity.
 (4) The Commissioner may disqualify an entity from being eligible to be a responsible entity for the purpose of this governance standard if:
 (a) the entity has been previously suspended, or removed, under Division 100 of the Act as a responsible entity of a registered entity; and
 (b) the entity has been given notice of its disqualification by the Commissioner; and
 (c) the Commissioner reasonably believes that the disqualification is justified having regard to the objects of the Act.
Note 1: The secrecy provisions in Part 7‑1 of the Act prohibit ACNC officers (including the Commissioner) from disclosing protected ACNC information unless the disclosure is authorised by the Act. This prohibits the ACNC from disclosing information about ongoing investigations about particular responsible entities that may be subject to compliance with governance standard 4.
Note 2: The effect of a disqualification lasts for no longer than 12 months from the day a notice is issued by the Commissioner (see paragraph (3)(b)).
 (5) Despite subsection (3), the Commissioner may allow an individual to be a responsible entity for a particular registered entity if the Commissioner believes it is reasonable to do so in the circumstances.
 (6) An entity that is dissatisfied with a decision of the Commissioner to disqualify the entity under subsection (4) may object to the decision in the manner set out in Part 7‑2 of the Act.

45.25  Governance standard 5—Duties of responsible entities

Object
 (1) The object of this governance standard is:
 (a) to ensure that the responsible entities of a registered entity conduct themselves in the manner that would be necessary if:
 (i) the relationship between them and the entity were a fiduciary relationship; and
 (ii) they were obliged to satisfy minimum standards of behaviour consistent with that relationship; and
 (b) to give the public, including members, donors, employees, volunteers and benefit recipients of a registered entity, confidence that the registered entity:
 (i) is acting to prevent non‑compliance with the duties imposed on responsible entities; and
 (iii) if non‑compliance with the duties imposed on responsible entities occurs—will act to identify and remedy non‑compliance with the duties imposed on the entity.

Standard
 (2) A registered entity must take reasonable steps to ensure that its responsible entities are subject to, and comply with, the following duties:
 (a) to exercise the responsible entity's powers and discharge the responsible entity's duties with the degree of care and diligence that a reasonable individual would exercise if they were