36CEnforceable undertakings

36C Enforceable undertakings

(1) A sector regulator may accept an enforceable undertaking from a relevant entity for which it is a sector regulator in connection with—

(a) a failure to comply with the Child Safe Standards or a notice to comply; or

(b) a reasonable suspicion of the sector regulator that there is, or has been, a failure to comply with the Child Safe Standards or a notice to comply.

(2) An enforceable undertaking accepted by a sector regulator under subsection (1) must—

(a) be in writing; and

(b) state the name of the relevant entity offering the undertaking; and

(c) specify the day on which the undertaking commences; and

(d) state the grounds for the sector regulator's belief that the relevant entity is failing or has failed to comply with the Child Safe Standards or a notice to comply; and

(e) specify the Child Safe Standard or notice to comply with which the sector regulator believes the relevant entity is failing, or has failed, to comply; and

(f) state the action that the relevant entity proposes to take; and

(g) specify the day by which the relevant entity must take that action; and

(h) set out any other matter agreed between the sector regulator and the relevant entity; and

(i) contain any prescribed matter.

(3) The relevant entity may, by written notice, withdraw or vary an enforceable undertaking accepted by the sector regulator under subsection (1) with the consent of the sector regulator.

S. 36D inserted by No. 23/2021 s. 33.