Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-2 - ENFORCEMENT POWERS  

Division 80 - Warnings  

SECTION 80-5   COMMISSIONER MAY ISSUE FORMAL WARNING  

80-5(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.

80-5(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 .

80-5(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) .