Document ID: chunk:federal_register_of_legislation:C2018C00435:clause:7_131
Version: federal_register_of_legislation:C2018C00435
Segment Type: clause
Provision Reference: sch 7 cl 131
Character Range: 71746–73631

131  Enforceable undertakings

Enforceable provisions
 (1) A provision is enforceable under Part 6 of the Regulatory Powers Act if it is:
 (a) an offence against this Act; or
 (b) a civil penalty provision of this Act.
Note 1: The expression this Act has an extended meaning (see the Dictionary in section 5).
Note 2: 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, the GEMS Regulator is an authorised person in relation to the provisions mentioned in subsection (1).

Relevant court
 (3) If a court is a relevant court for the purposes of this Act, then, for the purposes of Part 6 of the Regulatory Powers Act, the court is a relevant court in relation to the provisions mentioned in subsection (1).

Other undertakings
 (4) The GEMS Regulator may accept a written undertaking given by a person that the person will, in order to provide compensation for loss or damage suffered as a result of a contravention by the person of a provision mentioned in subsection (1), pay another person an amount worked out in accordance with the undertaking. 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 the GEMS Regulator 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.

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), extends to every external Territory.

Division 5—Injunctions