Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p45
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 45/66)
Character Range: 145291–148100

notice must:
 (a) state the grounds on which the Commissioner proposes to remove the responsible entity; and
 (b) invite the registered entity to give the Commissioner, within 28 days after the day the notice is given, a written statement showing cause why the Commissioner should not remove the responsible entity.
 (5) Subsections (3) and (4) do not apply if the Commissioner believes, on reasonable grounds and taking into account the matters mentioned in subsection 35‑10(2), that it would be appropriate for the Commissioner to remove the responsible entity without giving a show cause notice to the registered entity.

Matters Commissioner must take into account
 (6) In deciding whether to remove any of the responsible entities, the Commissioner must take account of the matters mentioned in subsection 35‑10(2).

Review of decisions under this section
 (7) A responsible entity that is dissatisfied with a decision to remove the responsible entity under this section may object against the decision in the manner set out in Part 7‑2.

100‑20  Effect of suspension or removal—suspended or removed responsible entities must not be reappointed
 (1) A responsible entity suspended under section 100‑10 cannot become a responsible entity of the registered entity until the suspension ends.
 (2) A responsible entity removed under section 100‑15 cannot become a responsible entity of the registered entity.
 (3) If:
 (a) an individual is a responsible entity of a registered entity because:
 (i) the registered entity is a company (or is a trust, a trustee of which is a company); and
 (ii) the individual is a director of the company; and
 (b) the individual is suspended under section 100‑10 or removed under section 100‑15;
the individual ceases to be a director of the company (until, in the case of suspension, the suspension ends).
Note: Suspension or removal of an individual as a responsible entity does not necessarily affect the rights or duties of the individual in other capacities.
 For example, under the governing rules of an incorporated sporting club an individual may be a director of the club (and therefore a responsible entity) because he or she is the club captain. Removal of the individual as a responsible entity may not in itself remove the individual from the office of club captain.

100‑25  Effect of suspension or removal—prohibition on managing the registered entity
 (1) 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 makes, or participates in making, 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