Australian Charities and Not-for-profits Commission Act 2012
100‑20 Effect of suspension or removal—s100‑20 Effect of suspension or removal—suspended or removed responsible entities must not be reappointed
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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.
Note: 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.