Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_15:p28
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 28/39)
Character Range: 1883070–1886119

property in an acting trustee.
 (3) The acting trustee may, by notice in writing to the former trustee or former trustees, require the former trustee or former trustees, so far as the former trustee or former trustees can do so:
 (a) to identify property of the fund; and
 (b) to explain how the former trustee or former trustees have kept account of that property.
 (4) The acting trustee may, by notice in writing to the former trustee or former trustees, require the former trustee or former trustees to take specified action that is necessary to bring about a transfer of specified property of the fund to the acting trustee.
 (5) The former trustee, or each of the former trustees, commits an offence if:
 (a) the acting trustee gives the former trustee or former trustees a notice under subsection (3) or (4); and
 (b) the former trustee or former trustees do not, within 28 days of the notice being given, comply with the requirement in the notice.
Penalty: 50 penalty units.

Strict liability
 (6) Subsections (1) and (5) are offences of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Limitation on certain transfers

426‑170  Limitation on ancillary and community charity trust funds making certain transfers
 (1) An *ancillary fund must not provide money, property or benefits to another ancillary fund unless permitted to do so by the *public ancillary fund guidelines or the *private ancillary fund guidelines (whichever are applicable) for the first‑mentioned fund.
 (2) A *community charity trust must not provide money, property or benefits to:
 (a) another community charity trust; or
 (b) an *ancillary fund; or
 (c) a *community charity corporation;
unless permitted to do so by the *community charity trust guidelines.

Subdivision 426‑E—Community charity corporations

Guide to Subdivision 426‑E

426‑175  What this Subdivision is about

      This Subdivision deals with philanthropic companies known as community charity corporations.
      The Minister must make guidelines determining when community charity corporations are entitled to be endorsed as deductible gift recipients.
      This Subdivision also provides for penalties for failures to comply with the guidelines.

Table of sections

Community charity corporations
426‑180 Community charity corporations
426‑185 Community charity corporation guidelines
426‑190 Australian Business Register must show community charity corporation status

Administrative penalties
426‑195 Administrative penalties for community charity corporations

Limitation on certain transfers
426‑200 Limitation on community charity corporations making certain transfers

Community charity corporations

426‑180  Community charity corporations
 (1) A company is a community charity corporation if:
 (a) the company is:
 (i) a *constitutional corporation; or
 (ii) a body corporate that is not a constitutional corporation; and
 (b) the company is specified in a declaration in force under subsection (3); and
 (c) each director of the company has agreed,