Section 245ALA — Enforceable undertakings

245ALA Enforceable undertakings

Enforceable provisions

(1) The following provisions are enforceable under Part 6 of the Regulatory Powers Act:

(a) a work-related offence;

(b) a work-related provision.

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, the Minister is an authorised person in relation to the provisions mentioned in subsection (1).

(3) The Minister may, in writing, delegate the Minister’s powers and functions under Part 6 of the Regulatory Powers Act to an authorised officer in relation to the provisions mentioned in subsection (1).

(4) The Minister may delegate a power or function under subsection (3) only if the Minister is satisfied that the authorised officer has appropriate qualifications, training or experience to exercise the power or perform the function.

(5) An authorised officer exercising powers or performing functions under a delegation under subsection (3) must comply with any directions of the Minister.

Relevant court

(6) For the purposes of Part 6 of the Regulatory Powers Act, an eligible court is a relevant court in relation to the provisions mentioned in subsection (1).

Enforceable undertaking may be published on the internet

(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.

Extension to external Territories

(8) Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to a Territory to which this Act extends. Note: See section 7 of this Act.

Relationship with civil penalty orders

(9) The Minister must not apply for an order under subsection 486R(1) (civil penalty orders) in relation to a contravention of a work-related provision by a person if an undertaking given by the person under Part 6 of the Regulatory Powers Act in relation to the contravention has not been withdrawn.