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