# Enforceable undertakings

> act-s140RA — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

140RA Enforceable undertakings

               Enforceable provision
          (1) Section 140H is enforceable, in relation to a sponsorship
              obligation, 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, the
              Minister is an authorised person in relation to the provision
              mentioned in subsection (1).
        (2A) 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 provision mentioned in
             subsection (1).
        (2B) The Minister may delegate a power or function under
             subsection (2A) only if the Minister is satisfied that the authorised
             officer has appropriate qualifications, training or experience to
             exercise the power or perform the function.
        (2C) An authorised officer exercising powers or performing functions
             under a delegation under subsection (2A) must comply with any
             directions of the Minister.

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

               Relationship with compliance notices
        (3A) The authorised person in relation to the provision mentioned in
             subsection (1) must not accept an undertaking from a person in
             relation to a sponsorship obligation if that person has been given a
             notice under section 140RB in relation to a contravention relating
             to the sponsorship obligation.










               Enforceable undertaking may be published on the internet
          (4) The authorised person in relation to the provision mentioned in
              subsection (1) may 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 it applies in relation to the
              provision mentioned in subsection (1), extends to a Territory to
              which this Act extends.
               Note:      See section 7 of this Act.