78Enforceable undertakings

78 Enforceable undertakings

Enforceable provisions (1) The following provisions are enforceable under Part 6 of the Regulatory Powers Act: (a) an offence provision, or a civil penalty provision, of this Act (other than section 17); (b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to 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, each of the following persons is an authorised person in relation to the provisions mentioned in subsection (1): (a) the Minister; (b) the Secretary; (c) an SES employee, or acting SES employee, in the Department. Relevant court (3) For the purposes of Part 6 of the Regulatory Powers Act, a relevant court (as defined in section 10 of this Act) is a relevant court in relation to the provisions mentioned in subsection (1). Enforceable undertaking must be published on the Department’s website (4) An authorised person in relation to a provision mentioned in subsection (1) must publish an undertaking given in relation to the provision on the Department’s website. Extension to external Territories (5) 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.