# Enforceable undertakings

> act-s245ALA — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.
