Enforceable voluntary undertakings
64A Enforceable voluntary undertakings
The
Minister may accept (by written notice) a written undertaking (an
enforceable voluntary undertaking) given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act.
The giving of an undertaking under this section does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
A person must not contravene an undertaking made by the person that is in effect.
Maximum penalty: $35 000.
If the Minister considers that a person has contravened an undertaking accepted by the Minister, the Minister may apply to the Magistrates
Court for enforcement of the undertaking.
If the court is satisfied that the person who made the undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make any of the following orders:
an order that the person must comply with the undertaking or take specified action to comply with the undertaking;
an order discharging the undertaking;
an order directing the person to pay to the State—
the costs of the proceedings; and
the reasonable costs of the designated entity in monitoring compliance with the undertaking in the future;
any other order that the court considers appropriate in the circumstances.
A person must not fail to comply with an order of the court under subsection (5).
Maximum penalty: $50 000.
A person who has made an undertaking may, at any time, with the written agreement of the Minister—
vary the undertaking; or
withdraw the undertaking.
However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act.
Subject to this section, no proceedings for a contravention or alleged contravention of this Act may be brought against a person if an undertaking is in effect in relation to that contravention.
The
Minister may commence proceedings for a contravention or alleged contravention of this Act despite an undertaking being in effect in relation to that contravention if the Minister, after accepting the undertaking, is in receipt of additional information relating to the contravention which the Minister considers significantly increases the seriousness or extent of the contravention.
No proceedings may be brought for a contravention or alleged contravention of this Act against a person who has made an undertaking in relation to the contravention and has completely discharged the undertaking.
The
Minister may accept an undertaking in relation to a contravention or alleged contravention before proceedings that have been commenced in relation to the contravention have been finalised.
If the Minister accepts an undertaking before the proceedings are finalised, the Minister must take all reasonable steps to have the proceedings discontinued as soon as possible.
If the Minister accepts an undertaking given by a person under this section, the Minister must notify the Registrar of the acceptance of the undertaking and forward to the Registrar—
a copy of the undertaking; and
details of the contravention or alleged contravention to which the undertaking relates.
This Act’s bill:Second reading speech
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