Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p25
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 25/28)
Character Range: 215853–218705

(b) the Federal Circuit and Family Court of Australia (Division 2);
 (c) the Supreme Court of a State or Territory.

5.6  Publication of enforceable undertakings
 (1) If:
 (a) a person has given an undertaking under section 114 of the Regulatory Powers Act in relation to a provision of this instrument; and
 (b) the undertaking has been accepted by the Chief Executive Officer of NOPSEMA under section 114 of the Regulatory Powers Act; and
 (c) the undertaking has not been withdrawn or cancelled;
the Chief Executive Officer of NOPSEMA must publish the undertaking on NOPSEMA's website.
 (2) If an undertaking contains personal information (within the meaning of the Privacy Act 1988), the Chief Executive Officer of NOPSEMA must take such steps as are reasonable in the circumstances to ensure that the information is de‑identified before the undertaking is published under subsection (1).

De‑identified information
 (3) For the purposes of this section, information is de‑identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.

Part 5—Injunctions

5.7  Injunctions

Enforceable provisions
 (1) The following provisions are enforceable under Part 7 of the Regulatory Powers Act:
 (a) each offence provision of this instrument;
 (b) each civil penalty provision of this instrument.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person
 (2) For the purposes of Part 7 of the Regulatory Powers Act, the Chief Executive Officer of NOPSEMA is an authorised person in relation to the provisions mentioned in subsection (1).

Relevant court
 (3) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
 (a) the Federal Court;
 (b) the Federal Circuit and Family Court of Australia (Division 2);
 (c) the Supreme Court of a State or Territory.

Consent injunctions
 (4) A relevant court may grant an injunction under Part 7 of the Regulatory Powers Act in relation to a provision mentioned in subsection (1) by consent of all the parties to proceedings brought under that Part, whether or not the court is satisfied that section 121 of that Act applies.

Part 6—Other matters

5.8  Contravening offence provisions and civil penalty provisions
 (1) This section applies if a provision of this instrument provides that a person contravening another provision of this instrument (the conduct provision) commits an offence or is liable to a civil penalty.
 (2) For the purposes of this instrument, and the Regulatory Powers Act to the extent that it relates to this instrument, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of