Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p46
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 46/66)
Character Range: 147867–150763

decisions that affect the whole, or a substantial part, of the business of the registered entity.
Penalty: Imprisonment for 1 year or 50 penalty units, or both.
 (2) An entity commits an offence if:
 (a) the entity is suspended under section 100‑10 or removed under section 100‑15; and
 (b) the entity exercises the capacity to affect significantly the registered entity's financial standing.
Penalty: Imprisonment for 1 year or 50 penalty units, or both.
 (3) An entity commits an offence if:
 (a) the entity is suspended under section 100‑10 or removed under section 100‑15; and
 (b) the entity is an individual; and
 (c) the entity communicates instructions or wishes to the remaining responsible entities of the registered entity:
 (i) knowing that those responsible entities are accustomed to act in accordance with the suspended or removed entity's instructions or wishes; or
 (ii) intending that those responsible entities will act in accordance with those instructions or wishes; and
 (d) the communication of those instructions or wishes is not advice given by the entity in the proper performance of functions attaching to the entity's professional capacity or his or her business relationship with the remaining responsible entities of the registered entity.
Penalty: Imprisonment for 1 year or 50 penalty units, or both.
 (4) Strict liability applies to paragraphs (1)(a), (2)(a) and (3)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.

Subdivision 100‑C—Acting responsible entities

100‑30  Appointment of acting responsible entities

Suspension
 (1) If the Commissioner suspends a responsible entity under section 100‑10, the Commissioner may appoint one or more persons (the acting responsible entities) to act in the place of the responsible entity during the period of the suspension.
 (2) If the Commissioner suspends:
 (a) all directors of a company; or
 (b) all trustees of a trust;
under section 100‑10, the Commissioner must appoint one or more persons (the acting responsible entities) to act in the place of the suspended directors or trustees during the period of the suspension.

Removal
 (3) If the Commissioner removes a responsible entity under section 100‑15, the Commissioner may appoint one or more persons (the acting responsible entities) to act in the place of the removed responsible entity until all of the vacancies created by the removal are filled.
 (4) If the Commissioner removes:
 (a) all directors of a company; or
 (b) all trustees of a trust;
under section 100‑15, the Commissioner must appoint one or more persons (the acting responsible entities) to act in the place of the removed directors or trustees until at least one of the vacancies created by the removal are filled.

100‑35  Acting responsible entities of trusts with constitutional corporations as trustees
 (1) This section applies if:
 (a) the Commissioner removes