Enforceable undertakings
245ALA Enforceable undertakings
Enforceable provisions
The following provisions are enforceable under Part 6 of the Regulatory Powers Act:
a work‑related offence;
a work‑related provision.
Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
Authorised person
For the purposes of Part 6 of the Regulatory Powers Act, the Minister is an authorised person in relation to the provisions mentioned in subsection (1).
The Minister may, in writing, delegate the Minister’s powers and functions under Part 6 of the Regulatory Powers Act to an authorised officer in relation to the provisions mentioned in subsection (1).
The Minister may delegate a power or function under subsection (3) only if the Minister is satisfied that the authorised officer has appropriate qualifications, training or experience to exercise the power or perform the function.
An authorised officer exercising powers or performing functions under a delegation under subsection (3) must comply with any directions of the Minister.
Relevant court
For the purposes of Part 6 of the Regulatory Powers Act, an eligible court is a relevant court in relation to the provisions mentioned in subsection (1).
Enforceable undertaking may be published on the internet
An authorised person in relation to a provision mentioned in subsection (1) may publish an undertaking given in relation to the provision on the Department’s website.
Extension to external Territories
Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to a Territory to which this Act extends.
See section 7 of this Act.
Relationship with civil penalty orders
The Minister must not apply for an order under subsection 486R(1) (civil penalty orders) in relation to a contravention of a work‑related provision by a person if an undertaking given by the person under Part 6 of the Regulatory Powers Act in relation to the contravention has not been withdrawn.
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