Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_15:p30
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 30/39)
Character Range: 1888568–1891433

(b) the corporation, or a director of the corporation, holds out that the corporation is entitled to remain endorsed as a deductible gift recipient and the corporation is not so entitled; or
 (c) the corporation, or a director of the corporation, holds out that the corporation will be endorsed, as a deductible gift recipient, at a particular time and the corporation is not so endorsed at that time.
Note: The Commissioner is required to give written notice of the penalty (see section 298‑10).
 (2) The amount of the penalty is:
 (a) the amount specified in the *community charity corporation guidelines for the purposes of subsection (1); or
 (b) the amount worked out in accordance with the method specified in the community charity corporation guidelines for the purposes of subsection (1).
The guidelines may specify different penalties or methods for different circumstances.
 (3) A director who is liable to the penalty must not be reimbursed the penalty from the corporation.
Note: Division 298 in this Schedule contains machinery provisions for administrative penalties.

Defences for directors
 (4) Subsection (1) does not apply to a director if:
 (a) the director was not aware of the holding out mentioned in paragraph (1)(a), (b) or (c) (whichever applicable) and it would not have been reasonable to expect the director to have been aware of that holding out; or
 (b) the director took all reasonable steps to ensure that the holding out mentioned in that paragraph did not occur; or
 (c) there were no such steps that the director could have taken.
 (5) In determining what is reasonable for the purposes of paragraph (4)(a), (b) or (c), have regard to all relevant circumstances.
 (6) A person who wishes to rely on subsection (4) bears an evidential burden in relation to the matters in that subsection.

Power of courts to grant relief
 (7) Section 1318 of the Corporations Act 2001 (power of Court to grant relief in case of breach of director's duty) does not apply to a liability of a director under this section.

Limitation on certain transfers

426‑200  Limitation on community charity corporations making certain transfers
  A *community charity corporation must not provide money, property or benefits to:
 (a) another community charity corporation; or
 (b) an *ancillary fund; or
 (c) a *community charity trust;
unless permitted to do so by the *community charity corporation guidelines.

Part 5‑45—Application of taxation laws to certain entities

Division 444—Obligations of entities on behalf of other entities

Table of Subdivisions
 Guide to Division 444
444‑A Unincorporated associations and bodies and companies
444‑B Partnerships
444‑C Superannuation funds
444‑D Incapacitated entities
444‑E Indirect tax specific entities
444‑F Trusts

Guide to Division 444

444‑1  What this Division is about
      This Division imposes onto