Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p22
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 22/66)
Character Range: 86184–89084

after the registered entity first becomes aware of those circumstances.
 (5) To avoid doubt, 2 or more notifications may be included in the same document.

Chapter 4—Regulatory powers of the ACNC Commissioner

Part 4‑1—Information gathering and monitoring powers

Division 70—Information gathering powers

70‑1  Simplified outline
  The following is a simplified outline of this Division:

      The Commissioner can gather information necessary to monitor registered entities' compliance with certain provisions and to assess registered entities' ongoing entitlement to registration.
      The Commissioner can gather information and documents necessary to determine whether information given in compliance with certain provisions is correct.

70‑5  Commissioner may obtain information and documents
 (1) This section applies to an entity if the Commissioner reasonably believes that the entity has information or a document that it is reasonably necessary to obtain for the purpose of determining:
 (a) whether a registered entity has complied, or is complying, with a provision subject to monitoring under Division 75 (see section 75‑5); or
 (b) whether information subject to monitoring under Division 75 (see section 75‑10) is correct.
 (2) The Commissioner may, by written notice given to the entity, require the entity:
 (a) to give to the Commissioner, within the period and in the manner and form specified in the notice, any such information; or
 (b) to attend and give evidence before the Commissioner, or an individual authorised by the Commissioner, for the purpose of obtaining such information; or
 (c) to produce to the Commissioner, within the period and in the manner specified in the notice, any such documents; or
 (d) to make copies of any such documents and to produce to the Commissioner, within the period and in the manner specified in the notice, those copies.
 (3) For the purposes of paragraph (2)(b), the Commissioner may require the evidence mentioned in that paragraph:
 (a) to be given on oath or affirmation; and
 (b) to be given orally or in writing.
For that purpose, the Commissioner or an ACNC officer may administer an oath or affirmation.
 (4) An entity commits an offence if:
 (a) the entity is subject to a requirement under subsection (2); and
 (b) the entity fails to comply with the requirement.
Penalty: 20 penalty units.
 (5) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
 (6) A notice under subsection (2) must set out the effect of the following provisions:
 (a) subsection (4);
 (b) sections 137.1 and 137.2 of the Criminal Code (which deal with false or misleading information or documents).

70‑10  Commissioner may inspect and copy original documents
  The Commissioner may:
 (a) inspect a document produced under paragraph 70‑5(2)(c); and
 (b) make and retain copies of the whole or a part of