Authority may accept enforceable undertaking
39C Authority may accept enforceable undertaking
The Authority may accept an enforceable undertaking given by a person in connection with an alleged contravention of:
this Act; or
a term or condition of an
Authority Certificate.
The Authority must consider the following before accepting the enforceable undertaking:
the nature and gravity of the conduct constituting the alleged contravention;
if applicable – the maximum penalty provided for the alleged contravention;
the benefits of the proposed undertaking and the public interest;
the interests of justice;
any other factor that the
Authority considers relevant.
The enforceable undertaking must be in writing, signed by the Authority and the person who gives the undertaking and dated.
The Authority must publish on the Authority's website, or in any other way determined to be appropriate by the Authority, notice of the decision to accept the enforceable undertaking and of the reasons for that decision.
The giving of the enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the alleged contravention.
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