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AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 (NO. 168, 2012) - SECT 80.5

Commissioner may issue formal warning

             (1)  Subsection (2) applies if:

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

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

             (2)  The Commissioner may, by written notice given to the registered entity:

                     (a)  inform the registered entity of the circumstances in relation to the contravention, likely contravention, non-compliance or likely non-compliance; and

                     (b)  warn the registered entity of the action that may be taken under this Act in response to the contravention, likely contravention, non-compliance or likely non-compliance.

Note:          Information relating to warnings may be placed on the Register in accordance with Division 40.

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


 



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