Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:5_61aba
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 5 cl 61ABA
Character Range: 105215–106494

61ABA  Acceptance of undertaking

 (1) This section applies if the Minister considers that a person has contravened:
 (a) the duty in section 37AA to prevent or minimise harm to the environment in the Marine Park; or
 (b) a civil penalty provision.

 (2) The Minister may accept a written undertaking given by the person in relation to the contravention, in which the person undertakes to do any or all of the following:
 (a) take specified actions to prevent, repair or mitigate harm of a specified kind in the Great Barrier Reef Region;
 (b) take specified actions to ensure that the person does not engage, or is unlikely to engage, in conduct that contravenes the duty in section 37AA or a civil penalty provision;
 (c) pay a specified amount to the Commonwealth, to be used for the purpose of taking actions referred to in paragraph (a) or (b).

 (3) The undertaking must be expressed to be an undertaking under this section.

 (4) The person may withdraw or vary the undertaking at any time, but only with the consent of the Minister.

 (5) The Minister may, by notice in writing given to the person, cancel the undertaking.

 (6) The undertaking may be published on either or both of the following:
 (a) the website of the Authority;
 (b) the website of the Department.