Enforceable undertakings under Part 6 of the Regulatory Powers Act

Current

Enforceable provisions

(1)

A civil penalty provision of this Act is enforceable under Part 6 of the Regulatory Powers Act.

Note:

Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Authorised person and relevant court

(2)

For the purposes of Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1):

(a)

each of the following persons is an authorised person:

(i)

the Minister;

(ii)

the Secretary;

(iii)

an SES employee, or acting SES employee, in the Department; and

(b)

a relevant court (as defined in section 5 of this Act) is a relevant court.

Enforceable undertaking must be published on the Department’s website

(3)

An authorised person in relation to a provision mentioned in subsection (1) must publish, on the Department’s website:

(a)

notice of a decision to accept an undertaking given in relation to the provision; and

(b)

the name of the person who gave the undertaking.

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