90DPower to accept an enforceable undertaking

90D Power to accept an enforceable undertaking

(1) The Secretary may accept an undertaking given by a person relating to a contravention or alleged contravention of a provision of this Act or the regulations by the person, under which the person undertakes to take certain action, or not take certain action, to comply with this Act or the regulations.

(2) An enforceable undertaking must—

(a) be in writing; and

(b) state the name of the person by whom the undertaking is given; and

(c) be signed by the Secretary and the person by whom the undertaking is given; and

(d) specify the date on which the undertaking is given; and

(e) specify the action to be taken or not taken by the person by whom the undertaking is given; and

(f) specify the period within which the action is to be taken or not taken by the person by whom the undertaking is given; and

(g) include any other prescribed details.

(3) The Secretary may publish details of an enforceable undertaking on the Department's Internet site.

S. 90E inserted by No. 39/2024 s. 108.