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

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-2 - ENFORCEMENT POWERS  

Division 85 - Directions  

Subdivision 85-B - Commissioner ' s power to give directions  

SECTION 85-5   COMMISSIONER MAY GIVE DIRECTIONS IN CERTAIN CIRCUMSTANCES  

85-5(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.

85-5(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) .

85-5(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.