Document ID: chunk:federal_register_of_legislation:C2025C00178:section:78
Version: federal_register_of_legislation:C2025C00178
Segment Type: section
Provision Reference: s 78
Character Range: 84234–85732

78  Enforceable undertakings

Enforceable provisions
 (1) The following provisions are enforceable under Part 6 of the Regulatory Powers Act:
 (a) an offence provision, or a civil penalty provision, of this Act (other than section 17);
 (b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act.
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 Minister;
 (b) the Secretary;
 (c) an SES employee, or acting SES employee, in the Department.

Relevant court
 (3) For the purposes of Part 6 of the Regulatory Powers Act, a relevant court (as defined in section 10 of this Act) is a relevant court in relation to the provisions mentioned in subsection (1).

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

Extension to external Territories
 (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

Division 8—Modifications of the Regulatory Powers Act