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-A - Overview  

SECTION 85-1  

85-1   SIMPLIFIED OUTLINE  
The following is a simplified outline of this Division:

The Commissioner ' s guidance and education (see section 110-10 ) will assist registered entities to comply with and understand their obligations under this Act. However, where enforcement action is required, the Commissioner ' s range of enforcement powers includes the power to issue directions, so that the Commissioner can provide a proportionate and effective regulatory response.

The Commissioner may give a registered entity a written direction if:

  • (a) the entity is a federally regulated entity and the Commissioner reasonably believes that the entity has contravened a provision of this Act, or that it is more likely than not that the entity will contravene a provision of this Act; or
  • (b) the entity is a federally regulated entity and the Commissioner reasonably believes that the entity has not complied with a governance standard, or that it is more likely than not that the entity will not comply with a governance standard; or
  • (c) the Commissioner reasonably believes that the entity has not complied with an external conduct standard, or that it is more likely than not that the entity will not comply with an external conduct standard.

    • The Commissioner may only issue directions that the Commissioner considers are necessary to address the contravention or non-compliance, and may only do so after considering a range of policy matters.

    A decision of the Commissioner to issue a direction is reviewable in accordance with Part 7-2 .

    A registered entity that does not comply with a direction commits an offence.

     

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