Victorian Current Acts Victorian Current Acts(1) The Secretary may accept a written undertaking given by a person who has contravened, or allegedly contravened, a provision of this Act or the regulations if the Secretary considers that, having regard to the matters in subsection (2), the undertaking is necessary to deal with the contravention or alleged contravention.
(2) For the purposes of subsection (1), the Secretary must have regard to the following matters—
(a) the nature and seriousness of the contravention or alleged contravention;
(b) any previous contraventions of this Act or the regulations committed by the person offering the undertaking;
(c) the likelihood of the person's compliance with the undertaking;
(d) any other matter that the Secretary considers is relevant.
(3) An enforceable undertaking must—
(a) be in writing; and
(b) include the following—
(i) the name of the person giving the undertaking and, in the case of a body corporate, its Australian Business Number;
(ii) the details of the contravention or the alleged contravention, including its nature and extent;
(iii) timelines for any requirements in the undertaking to take certain actions or to cease certain behaviour or activities, which relate to the contravention or alleged contravention;
(iv) a requirement for the person to report to the Secretary on the progress of complying with the undertaking;
(v) a statement to the effect that details of the undertaking will be entered in the register of enforceable undertakings and published on the Internet.
(4) In addition to the matters under subsection (3), an enforceable undertaking may include, but is not limited to including, any one or more of the following requirements—
(a) that the person cease behaviours or activities that have given rise to the contravention or alleged contravention;
(b) that the person take action to remediate any harm caused by the contravention or alleged contravention;
(c) that the person carry out specified activities or projects for the protection and conservation of any taxon of flora or fauna, including the taxon's habitat, that is or may be detrimentally affected as a result of the contravention or alleged contravention;
(d) that the person take certain actions to reduce any future behaviour that may result in a further contravention that is similar to the contravention or alleged contravention;
(e) that the person monitor and audit any requirement of the undertaking to take an action or to cease a behaviour or activity.
S. 62B inserted by No. 28/2019 s. 37.