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COMMONWEALTHAct
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s 69EL

Acceptance of undertakings

In force
Part 7ABEnforcement
Division 3Enforceable undertakings

69EL Acceptance of undertakings

(1)

The APVMA may accept any of the following undertakings:

(a)

a written undertaking given by a person that the person will, in order to comply with a provision of this Act or the Collection Act, take specified action;

(b)

a written undertaking given by a person that the person will, in order to comply with a provision of this Act or the Collection Act, refrain from taking specified action;

(c)

a written undertaking given by a person that the person will take specified action directed towards ensuring one or more of the following:

(i)

that the person does not commit an offence against this Act or the Collection Act;

(ii)

that the person does not contravene a civil penalty provision;

(iii)

that the person is unlikely to commit an offence against this Act or the Collection Act, or to contravene a civil penalty provision, in the future.

(2)

The undertaking must be expressed to be an undertaking under this section.

(3)

The person may withdraw or vary the undertaking at any time, but only with the written consent of the APVMA.

(4)

The APVMA’s consent is not a legislative instrument.

(5)

The APVMA may, by written notice given to the person, cancel the undertaking.

(6)

The APVMA must publish the undertaking on the APVMA’s website.

(7)

However, the APVMA is not required to publish so much of the undertaking that the APVMA is satisfied:

(a)

is confidential commercial information; or

(b)

is personal information (within the meaning of the Privacy Act 1988); or

(c)

should not be disclosed because it would be against the public interest to do so.

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