Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p38
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 38/66)
Character Range: 126877–129807

up to 5 times the penalty stated above.
 (2) If a registered entity does or fails to do an act in circumstances that give rise to the registered entity committing an offence against subsection (1), the registered entity commits an offence against that subsection in respect of:
 (a) the first day on which the offence is committed; and
 (b) each subsequent day (if any) on which the circumstances that gave rise to the registered entity committing the offence continue (including the day of conviction for any such offence or any later day).
Note: This subsection is not intended to imply that section 4K of the Crimes Act 1914 does not apply to offences against this Act or the regulations.

Division 90—Enforceable undertakings

90‑1  Simplified outline
  The following is a simplified outline of this Division:

      The Commissioner's guidance and education (see section 110‑10) will assist registered entities to comply with and understand their obligations under this Act. However, where enforcement action is required, the Commissioner's range of enforcement powers includes the power to accept enforceable undertakings, so that the Commissioner can provide a proportionate and effective regulatory response.
      This Division provides the Commissioner with the authority to accept an undertaking relating to provisions in this Act or in legislative instruments made under this Act from a registered entity that is a federally regulated entity. The Commissioner will also have the authority to accept an undertaking relating to external conduct standards from any registered entity.
      Undertakings may be enforced in a designated court. The orders that may be made by a court include an order directing compliance with an undertaking, an order requiring any financial benefit from a failure to comply with an undertaking to be surrendered, an order for damages, and any other orders that the court considers appropriate.

90‑5  Enforceable provisions
  The following provisions are enforceable under this Division:
 (a) a provision of this Act;
 (b) a governance standard or external conduct standard;
 (c) a provision of a legislative instrument made under this Act.

90‑10  Acceptance of undertakings
 (1) The Commissioner may accept any of the following undertakings:
 (a) a written undertaking given by a registered entity that is a federally regulated entity that the entity will, in order to comply with a provision enforceable under this Division, take specified action;
 (b) a written undertaking given by a registered entity that is a federally regulated entity that the entity will, in order to comply with a provision enforceable under this Division, refrain from taking specified action;
 (c) a written undertaking given by a registered entity that is a federally regulated entity that the entity will take specified action directed towards ensuring that:
 (i) the entity does not contravene a provision