Document ID: chunk:federal_register_of_legislation:C2021A00032:clause:3_133
Version: federal_register_of_legislation:C2021A00032
Segment Type: clause
Provision Reference: sch 3 cl 133
Character Range: 62546–65172

133  Enforceable undertakings

Enforceable provisions
 (1) A provision is enforceable under Part 6 of the Regulatory Powers Act if it is:
 (a) a provision of this Act; or
 (b) a provision of the national code; or
 (c) a provision of the ELICOS Standards or Foundation Program Standards.
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, an authorised person in relation to the provisions mentioned in subsection (1) is:
 (a) in relation to an undertaking by a registered higher education provider—the Chief Executive Officer of TEQSA; or
 (b) in relation to an undertaking by a registered VET provider—the Chief Executive Officer of the National VET Regulator; or
 (c) in relation to an undertaking by an approved school provider—the Secretary; or
 (d) in relation to an undertaking by any other registered provider—the head (however described) of the ESOS agency for the registered provider.

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 Court of Australia.

Other undertakings
 (4) An authorised person covered by subsection (2) may accept a written undertaking given by a registered provider that:
 (a) the provider will take, or refrain from taking, specified action in order for the provider to comply with a condition of the provider's registration; or
 (b) the provider will take specified action directed towards ensuring that in the future the provider does not, or is unlikely to, contravene a condition of the provider's registration.
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 subsections 114(1) and (2) of that Act, 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.

Extension to external Territories
 (7) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and an undertaking accepted under subsection (4), extends to each external Territory mentioned in subsection 4B(1) of this Act.

Division 2—Application and saving provisions