Enforceable undertakings
5.8.26 Enforceable undertakings
Pt 5.8 Div. 9 (Heading and ss 5.8.25–5.8.29) inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62).
S. 5.8.25 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62), repealed by No. 2/2025 s. 61.
* * * * *
S. 5.8.26 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62).
S. 5.8.26(1) amended by No. 2/2025 s. 62(1)(a).
The Authority may accept a written undertaking given by a person, body or school that is registered under Division 3 of Part 4.3 or approved under Part 4.5 or 4.5A in connection with any matter in relation to which the Authority has a power or function under this Act including—
S. 5.8.26(1)(a) amended by No. 2/2025 s. 62(1)(b).
a failure to comply with a notice to comply issued under section 5.8.18(1) or (1A); or
S. 5.8.26(1)(b) amended by No. 2/2025 s. 62(1)(c).
a failure to comply with a requirement that relates to the registration of the person, body or school under Division 3 of Part 4.3; or
S. 5.8.26(1)(c) amended by No. 2/2025 s. 62(1)(c).
a failure to comply with a requirement that relates to the approval of the person, body or school under Part 4.5 or 4.5A; or
S. 5.8.26(1)(d) amended by No. 2/2025 s. 62(1)(d).
a reasonable suspicion of the Authority that there is, or has been, a failure to comply with a notice to comply issued under section 5.8.18(1) or (1A); or
S. 5.8.26(1)(e) amended by No. 2/2025 s. 62(1)(e).
a reasonable suspicion of the Authority that there is, or has been, a failure to comply with a requirement that relates to the registration of the person, body or school under Division 3 of Part 4.3; or
S. 5.8.26(1)(f) amended by No. 2/2025 s. 62(1)(e).
a reasonable suspicion of the Authority that there is, or has been, a failure to comply with a requirement that relates to the approval of the person, body or school under Part 4.5 or 4.5A.
Note to s. 5.8.26(1) inserted by No. 2/2025 s. 62(2).
Note
See section 4.3.3A in relation to undertakings given by registered schools.
See section 4.3.8J in relation to undertakings given by providers of school boarding services.
See section 5.8.3V in relation to undertakings given by RTOs.
S. 5.8.26(2) amended by No. 2/2025 s. 62(3).
A non-Government school may give an undertaking under this section to establish a trust fund into which students' fees (within the meaning of section 4.3.1A(4)) are paid and the circumstances in which funds may be withdrawn from that trust fund.
For the avoidance of doubt, an undertaking given under this Division may not be inconsistent with this Act or the regulations.
S. 5.8.26(4) amended by No. 2/2025 s. 62(4).
A person, body or school may withdraw or vary an undertaking given by the person, body or school at any time, if the person, body or school has first obtained the consent of the Authority.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.