Enforceable undertaking
117ABM Enforceable undertaking
(1) An undertaking under this Division is an enforceable promise given by a person who is alleged to have contravened this Act, in exchange for the stay of any proceedings in respect of the contravention.
(2) An undertaking may contain any terms and conditions that the CEO considers necessary to promote the objectives of this Act or to ensure compliance with this Act.
(3) An undertaking must include time limits for the performance of any obligations and a method to monitor compliance with the undertaking.
(4) The process of negotiating an undertaking is without prejudice to any party's position.
(5) The CEO may accept a written undertaking given by the holder of a petroleum interest in connection with a contravention or alleged contravention by the holder of the petroleum interest of:
this Act; or
a term or condition of the petroleum interest.
(6) The CEO must consider the following before accepting an undertaking:
the nature and gravity of the conduct;
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 CEO considers relevant.
(7) The CEO must give written notice to the person whether or not the person's undertaking is accepted.
(8) An enforceable undertaking may require the holder of the petroleum interest to publish notice of the alleged contravention and any act or thing done, or to be done, by the holder of the petroleum interest.
(9) The CEO must publish on the Agency's website, or in any other way determined to be appropriate by the CEO, notice of the decision to accept the enforceable undertaking and of the reasons for that decision.
(10) The giving of an undertaking does not constitute an admission of guilt by the person giving it in relation to the alleged contravention or offence.
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