Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p34
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 34/66)
Character Range: 116348–119317

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 notice may inform the registered entity of the circumstances in relation to the contravention or non‑compliance and outline actions that could be taken under this Act in response to the contravention or non‑compliance.

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).

Division 85—Directions

Subdivision 85‑A—Overview

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