Document ID: chunk:federal_register_of_legislation:C2024C00800:section:140ra
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 140RA
Character Range: 405411–407485

140RA  Enforceable undertakings

Enforceable provision
 (1) Section 140H is enforceable, in relation to a sponsorship obligation, under Part 6 of the Regulatory Powers 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, the Minister is an authorised person in relation to the provision mentioned in subsection (1).
 (2A) The Minister may, in writing, delegate the Minister's powers and functions under Part 6 of the Regulatory Powers Act to an authorised officer in relation to the provision mentioned in subsection (1).
 (2B) The Minister may delegate a power or function under subsection (2A) only if the Minister is satisfied that the authorised officer has appropriate qualifications, training or experience to exercise the power or perform the function.
 (2C) An authorised officer exercising powers or performing functions under a delegation under subsection (2A) must comply with any directions of the Minister.

Relevant court
 (3) For the purposes of Part 6 of the Regulatory Powers Act, an eligible court is a relevant court in relation to the provision mentioned in subsection (1).

Relationship with compliance notices
 (3A) The authorised person in relation to the provision mentioned in subsection (1) must not accept an undertaking from a person in relation to a sponsorship obligation if that person has been given a notice under section 140RB in relation to a contravention relating to the sponsorship obligation.

Enforceable undertaking may be published on the internet
 (4) The authorised person in relation to the provision mentioned in subsection (1) may 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 it applies in relation to the provision mentioned in subsection (1), extends to a Territory to which this Act extends.
Note: See section 7 of this Act.