Document ID: chunk:federal_register_of_legislation:C2021A00032:clause:5_119
Version: federal_register_of_legislation:C2021A00032
Segment Type: clause
Provision Reference: sch 5 cl 119
Character Range: 89009–90735

119  Enforceable undertakings

Enforceable provisions
 (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers 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) a Commissioner;
 (b) the Chief Executive Officer.
 (3) The Chief Executive Officer may, in writing, delegate the Chief Executive Officer's powers under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of TEQSA who is:
 (a) an SES employee or an acting SES employee; or
 (b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.
 (4) A person exercising powers under a delegation under subsection (3) must comply with any directions of the Chief Executive Officer.

Relevant court
 (5) 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;
 (b) the Federal Circuit Court.

Publication of undertakings
 (6) An authorised person in relation to a provision mentioned in subsection (1) may publish an undertaking, given in relation to the provision by a regulated entity, on the Register.

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.