90JEnforcement of enforceable undertaking order by Secretary

90J Enforcement of enforceable undertaking order by Secretary

(1) If the Secretary reasonably believes that a person has contravened an enforceable undertaking order, the Secretary, by written notice given to the person, may—

(a) advise the person of the Secretary's intention to carry out the action required to comply with the order; and

(b) give the person 10 business days after the notice is given to satisfy the Secretary that the person—

(i) has carried out the action required to comply with the order; or

(ii) will carry out the action required to comply with the order within a specified period acceptable to the Secretary.

(2) The Secretary may do any thing that is necessary or expedient to carry out the action required to comply with the order that is still practicable to carry out if a person to whom notice under subsection (1) is given—

(a) does not agree to carry out the action; or

(b) fails to carry out the action within the specified period.

(3) Nothing in this section—

(a) prevents a proceeding from being commenced or continued against a person for the person's contravention of an enforceable undertaking order; or

(b) affects any power of a court in relation to contempt.

(4) If a person is found in contempt of court for contravening an enforceable undertaking order, the Secretary may—

(a) do any thing that is necessary or expedient to carry out the action required to comply with the order that is still practicable to carry out; and

(b) publicise on the Department's Internet site that the person contravened the order.

(5) The Secretary may recover any reasonable costs incurred by the Secretary in taking action under subsection (2) or (4) as a debt due to the Crown and payable by the person.

Pt 7 Div. 7C (Heading and ss 90K–90N) inserted by No. 39/2024 s. 108.