Document ID: chunk:federal_register_of_legislation:C2024C00556:section:30dk
Version: federal_register_of_legislation:C2024C00556
Segment Type: section
Provision Reference: s 30DK
Character Range: 128374–129885

30DK  Enforceable voluntary undertakings
 (1) CASA may accept a written undertaking given by the holder of a civil aviation authorisation in connection with a matter:
 (a) arising under this Act or the regulations; and
 (b) in relation to which CASA has a function or power under this Act or the regulations.
 (2) The period for which the undertaking applies must not exceed 12 months. However, CASA may accept a further undertaking from the holder.
 (3) The undertaking must not require, or have the effect of requiring, the holder to pay money to CASA.
 (4) CASA must publish details of the undertaking on the internet.
 (5) The holder may withdraw or vary the undertaking at any time, but only with the consent of CASA.
 (6) If CASA considers that the holder has breached any of the terms of the undertaking, CASA may apply to the Federal Court for an order under subsection (7).
 (7) If the Federal Court is satisfied that the holder has breached a term of the undertaking, the Court may make all or any of the following orders:
 (a) an order directing the holder to comply with that term of the undertaking;
 (b) an order directing the holder to pay to the Commonwealth an amount up to the amount of any financial benefit that the holder has obtained directly or indirectly and that is reasonably attributable to the breach of the undertaking;
 (c) any other order that the Court considers appropriate.

Division 3C—Protection from administrative action for voluntary reporting

Subdivision A—Preliminary