257Acceptance of undertaking

257 Acceptance of undertaking (1) The Commission may accept an undertaking for an alleged contravention after a prosecution for the alleged contravention has commenced. (2) The following criteria must be considered before an undertaking is accepted: (a) the nature and gravity of the conduct;

Racing and Wagering Act 2024 121 (b) the maximum penalty provided for the alleged contravention; (c) the benefits of the proposed undertaking and the public interest; (d) the interests of justice; (e) any other factor that the Commission considers relevant. Section 42 allows the Commission to make guidelines about accepting undertakings. (3) An undertaking must not be accepted unless it provides benefits for the racing or wagering industry and the community. (4) The Commission must give written notice to the person offering an undertaking, whether or not the person's undertaking is accepted. (5) A decision by the Commission to not accept an undertaking is not subject to review by NTCAT.