Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_15:p25
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 25/39)
Character Range: 1875563–1878236

that the fund, or any of the trustees of the fund, have breached:
 (a) the *applicable trust fund guidelines; or
 (b) any other *Australian law.
 (2) The suspension of a trustee:
 (a) starts when the Commissioner gives the trustee notice of the suspension under subsection (3); and
 (b) ends at the time specified in the notice.
 (3) If the Commissioner decides to suspend a trustee under this section, the Commissioner must give to the trustee a written notice:
 (a) setting out the decision; and
 (b) giving the reasons for the decision; and
 (c) setting out the time the suspension ends.

Extension of suspensions
 (4) The Commissioner may change the time the suspension of a trustee ends.
 (5) If the Commissioner decides to change the time the suspension of a trustee ends under this section, the Commissioner must give to the trustee a written notice:
 (a) setting out the decision; and
 (b) giving the reasons for the decision; and
 (c) setting out the new time the suspension ends.

Removal
 (6) The Commissioner may remove all of the trustees of an *ancillary or community charity trust fund if the Commissioner is satisfied that the fund, or any of the trustees of the fund, have breached:
 (a) the *applicable trust fund guidelines; or
 (b) any other *Australian law.
 (7) If the Commissioner decides to remove a trustee under this section, the Commissioner must give to the trustee a written notice:
 (a) setting out the decision; and
 (b) giving the reasons for the decision.

Review of decisions under this section
 (8) A trustee who is dissatisfied with any of the following decisions under this section may object in the manner set out in Part IVC of this Act:
 (a) a decision to suspend the trustee;
 (b) a decision to change the time a suspension of the trustee ends;
 (c) a decision to remove the trustee.

426‑130  Commissioner to appoint acting trustee in cases of suspension or removal

Appointment of acting trustee
 (1) If the Commissioner suspends all of the trustees of an *ancillary or community charity trust fund under section 426‑125, the Commissioner must appoint a single entity to act as the trustee (the acting trustee) of the fund during the period of the suspension.
 (2) If the Commissioner removes all of the trustees of an *ancillary or community charity trust fund under section 426‑125, the Commissioner must appoint a single entity to act as the trustee (the acting trustee) of the fund until all of the vacancies in the position of trustee are filled.

Acting trustee need not be constitutional corporation
 (3) An acting trustee need not be a *constitutional corporation, and may be the Commissioner.
 (4) An entity that is not a