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AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 85.5

Commissioner may give directions in certain circumstances

  (1)   The Commissioner may give a registered entity a written direction of a kind specified in subsection   85 - 10 (1) only if:

  (a)   the registered entity is a federally regulated entity and the Commissioner reasonably believes that:

  (i)   the registered entity has contravened a provision of this Act; or

  (ii)   it is more likely than not that the registered entity will contravene a provision of this Act; or

  (b)   the registered entity is a federally regulated entity and the Commissioner reasonably believes that:

  (i)   the registered entity has not complied with a governance standard; or

  (ii)   it is more likely than not that the registered entity will not comply with a governance standard; or

  (c)   the Commissioner reasonably believes that:

  (i)   the registered entity has not complied with an external conduct standard; or

  (ii)   it is more likely than not that the registered entity will not comply with an external conduct standard.

  (2)   In deciding whether to give a direction, and deciding the content of the direction, the Commissioner must take account of the matters mentioned in subsection   35 - 10 (2).

  (3)   The direction must:

  (a)   specify the ground or grounds mentioned in subsection   ( 1) on the basis of which the direction is given; and

  (b)   specify the time by which, or the period during which, the registered entity must comply with the direction.



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