Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p50
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 50/66)
Character Range: 158272–161180

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 registered entity to the acting responsible entity.
 (5) The former trustee, or each of the former trustees, commits an offence if:
 (a) the acting responsible entity 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) An offence against subsection (1) or (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Chapter 5—The Australian Charities and Not‑for‑profits Commission

Part 5‑1—The ACNC

Division 105—Establishment and function of the ACNC

105‑5  Establishment
  The Australian Charities and Not‑for‑profits Commission (the ACNC) is established by this section.
Note: The ACNC does not have a legal identity separate from the Commonwealth.

105‑10  Constitution of the ACNC
  The ACNC consists of:
 (a) the Commissioner; and
 (b) any staff assisting the Commissioner as mentioned in subsection 120‑5(1).

105‑15  Function of the ACNC
  The ACNC's function is to assist the Commissioner in the performance of the Commissioner's functions.

105‑20  ACNC has privileges and immunities of the Crown
  The ACNC has the privileges and immunities of the Crown.

Part 5‑2—The Commissioner

Division 110—Establishment, functions and powers of the Commissioner

110‑5  Establishment
 (1) There is to be a Commissioner of the ACNC.
 (2) The Commissioner has:
 (a) the general administration of this Act; and
 (b) the other powers and other functions conferred or imposed on him or her by this Act or any other law.

110‑10  Assistance functions of Commissioner
 (1) The Commissioner has the function of assisting registered entities in complying with and understanding this Act, by providing them with guidance and education.
 (2) The Commissioner also has the function of assisting the public in understanding the work of the not‑for‑profit sector, in order to improve the transparency and accountability of the sector, by giving the public relevant information on the Commission's website.
 (3) To avoid doubt, this section does not limit any other function of the Commissioner.

110‑15  Powers of Commissioner
  The Commissioner has the power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.
Note: The expenditure of relevant money (within the meaning of the Public Governance, Performance and Accountability Act 2013) must comply with the requirements in that Act.

110‑20  Working with the Advisory Board
 (1) In performing his or her functions and exercising his or her powers, the Commissioner may