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AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 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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