Enforceable undertakings
78 Enforceable undertakings
Enforceable provisions
The following provisions are enforceable under Part 6 of the Regulatory Powers Act:
an offence provision, or a civil penalty provision, of this Act (other than section 17);
an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act.
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, each of the following persons is an authorised person in relation to the provisions mentioned in subsection (1):
the Minister;
the Secretary;
an SES employee, or acting SES employee, in the Department.
Relevant court
For the purposes of Part 6 of the Regulatory Powers Act, a relevant court (as defined in section 10 of this Act) is a relevant court in relation to the provisions mentioned in subsection (1).
Enforceable undertaking must be published on the Department’s website
An authorised person in relation to a provision mentioned in subsection (1) must 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 that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.
This Act’s bill:Explanatory memorandumSecond reading speech
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