Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p35
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 35/66)
Character Range: 119074–121923

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.

Subdivision 85‑B—Commissioner's power to give directions

85‑5  Commissioner may give directions in certain circumstances
 (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.
 (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).
 (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.

85‑10  Kinds of direction
 (1) The kinds of direction that the registered entity may be given are directions to:
 (a) do a specified act that:
 (i) if paragraph 85‑5(1)(a) applies—the Commissioner considers is necessary to address the