75Enforceable undertaking for offence

75 Enforceable undertaking for offence (1) This section applies if the regulator believes on reasonable grounds that a person has committed an offence under this Act. (2) The regulator may tell the person, in writing— (a) that the regulator believes the person has committed the alleged offence; and (b) the grounds for the regulator’s belief; and (c) the facts of the alleged offence; and (d) that the person may give an enforceable undertaking to the regulator in relation to the alleged offence; and (e) information about the effect of— (i) giving an enforceable undertaking, including the consequences of contravening the undertaking; and (ii) not giving an enforceable undertaking; and (f) how the person may enter and withdraw from an enforceable undertaking; and (g) the assurances about the person’s future conduct that the regulator would be prepared to accept for an enforceable undertaking. (3) If the person wishes to give the enforceable undertaking, the person must give the regulator a written proposal about the person’s future conduct as a result of the alleged offence (a proposed undertaking). (4) The proposed undertaking must— (a) acknowledge that the regulator believes that the person has committed an alleged offence; and

Enforceable undertakings Division 5.3 (b) contain a statement by the person— (i) to the effect that the person understands that the proposed undertaking becomes an enforceable undertaking if accepted by the regulator; and (ii) setting out assurances about the person’s future conduct for the enforceable undertaking; and (iii) agreeing to be bound by the enforceable undertaking. (5) If the regulator accepts a proposed undertaking, the regulator must tell the person who gave the undertaking that the undertaking has been accepted and is an enforceable undertaking for this Act. Examples—enforceable undertaking 1 to stop certain conduct 2 to take particular action to compensate people adversely affected by an alleged offence committed against a stated provision of this Act 3 to take particular action to rectify a state of affairs that arose as a direct or indirect result of the alleged offence 4 to take particular action (including implementing particular systems) to prevent future offences against this Act 5 to implement publicity or education programs