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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 73ZP

Enforceable undertakings

Enforceable provisions

             (1)  The provisions of this Part 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, the Commissioner is an authorised person in relation to the provisions mentioned in subsection (1).

Relevant court

             (3)  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 of this Act:

                     (a)  the Federal Court;

                     (b)  the Federal Circuit and Family Court of Australia (Division 2);

                     (c)  a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Other undertakings

             (4)  An authorised person may accept any of the following undertakings:

                     (a)  a written undertaking given by a person that the person will, in order to provide compensation for loss or damage suffered as a result of a contravention or alleged contravention by the person of a provision mentioned in subsection (1), pay another person an amount worked out in accordance with the undertaking;

                     (b)  a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of a provision mentioned in subsection (1).

             (5)  An undertaking under subsection (4) must be expressed to be an undertaking under that subsection.

             (6)  The power in subsection (4) is in addition to the power of an authorised person under subsection 114(1) of the Regulatory Powers Act.

             (7)  Part 6 of the Regulatory Powers Act, other than subsection 114(1), applies to an undertaking accepted under subsection (4) of this section as if it were an undertaking accepted under subsection 114(1) of the Regulatory Powers Act.



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