CTHIn ForceAct
Australian Charities and Not-for-profits Commission Act 2012
80‑5 Commissioner may issue formal warni80‑5 Commissioner may issue formal warning
Start here
Get a plain-English read of 80‑5 Commissioner may issue formal warni
Turn the raw legal text into a practical explanation grounded in Australian Charities and Not-for-profits Commission Act 2012.
#### 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).