145Enforceable undertakings

145  Enforceable undertakings

Enforceable provisions

 (1) The following provisions are enforceable under Part 6 of the Regulatory Powers Act:

 (a) a provision of this Act that creates an offence;

 (b) a civil penalty provision of this Act.

Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Authorised person

 (2) For the purposes of Part 6 of the Regulatory Powers Act, the Chair is an authorised person in relation to the provisions mentioned in subsection (1).

 (3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):

Undertakings to be expressed to be for the purposes of this Act

 (4) Despite subsection 114(2) of the Regulatory Powers Act, an undertaking accepted under subsection 114(1) of the Regulatory Powers Act in relation to a provision mentioned in subsection (1) of this section must be expressed to be an undertaking under section 114 of the Regulatory Powers Act for the purposes of this Act.

Enforceable undertaking may be published on the Regulator’s website

 (5) An authorised person in relation to a provision mentioned in subsection (1) may publish an undertaking given in relation to the provision on the Regulator’s website.

 (6) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

 (7) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to a matter relating to the exercise of Australia’s sovereign rights in the exclusive economic zone or the continental shelf.