Document ID: chunk:federal_register_of_legislation:C2024C00688:section:69
Version: federal_register_of_legislation:C2024C00688
Segment Type: section
Provision Reference: s 69
Character Range: 88255–90493

69  Enforceable undertakings

Enforceable provisions
 (1) The following provisions are enforceable under Part 6 of the Regulatory Powers Act:
 (a) section 7 (minimum stockholding obligation);
 (b) subsection 8(1) (additional responsibility of Australian controlling corporation).
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, each of the following persons is an authorised person in relation to the provisions mentioned in subsection (1):
 (a) the Secretary;
 (b) an SES employee, or acting SES employee, in the Department with responsibilities in relation to this Act.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Relevant court
 (3) For the purposes of Part 6 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 of Australia;
 (b) the Federal Circuit and Family Court of Australia (Division 2);
 (c) a court of a State or Territory that has jurisdiction in relation to the matter.

Other undertakings
 (4) An authorised person may accept an undertaking that an entity that is subject to the minimum stockholding obligation, in relation to an MSO product, will, on the specified obligation days, hold a specified quantity of the product that is more than the designated quantity. The undertaking must be expressed to be an undertaking under this subsection.
 (5) The power in subsection (4) is in addition to the power of an authorised person under subsection 114(1) of the Regulatory Powers Act.
 (6) Part 6 of the Regulatory Powers Act, other than subsection 114(1), applies to an undertaking accepted under subsection (4) of this section as if it were an undertaking accepted under subsection 114(1) of the Regulatory Powers Act.

Enforceable undertaking may be published on Department's website
 (7) An authorised person in relation to a provision mentioned in subsection (1) may publish an undertaking given in relation to the provision on the Department's website.