Nature Repair Act 2023
191Enforceable undertakings
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191 Enforceable undertakings
Enforceable provisions (1) The following provisions are enforceable under Part 6 of the Regulatory Powers Act: (a) each provision of this Act; (b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to one or more of the provisions mentioned in paragraph (a).
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 of the Regulator is an authorised person in relation to the provisions mentioned in subsection (1). (3) An authorised person may, in writing, delegate the authorised person’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a person who is: (a) a member of the staff of the Regulator; and (b) an SES employee or acting SES employee.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
(4) In performing functions, or exercising powers, under a delegation made by an authorised person under subsection (3), the delegate must comply with any directions of the authorised person. Relevant court (5) 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): (a) the Federal Court; (b) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. Enforceable undertaking may be published on the Regulator’s website (6) The Regulator may cause an undertaking given under Part 6 of the Regulatory Powers Act in relation to a provision mentioned in subsection (1) to be published on the Regulator’s website. Extension to external Territories (7) 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.