This content is current only at the time of printing. This document was printed on 24 June 2021. A current copy is located at http://www.plural-consulting.com/node/178
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An enforceable undertaking is a mandatory written agreement between an entity and the APVMA. By entering into the agreement, you, or your company, agree to comply with agvet legislation.
Enforceable undertakings provide efficient and effective resolution of non-compliance with the Administration Act, Agvet Code or Collection Act. An enforceable undertaking can replace costly court proceedings and punitive outcomes with positive actions to deliver sustained compliance.?
It is the APVMA's choice to accept an undertaking or not.?
Offer of an enforceable undertaking?
Undertakings are given voluntarily by the entity concerned. That entity might be an individual, a corporation, or another type of legal person.?
An enforceable undertaking cannot bind a third party.?
- your undertaking that you will take specified action in order to comply
- your undertaking that you will refrain from taking specified action
- your undertaking that you will take specified action to ensure you do not commit an offence against the Agvet Code, Administration Act or Collection Act
- your undertaking that you will not contravene a civil penalty provision of the Agvet Code, Administration Act, or Collection Act in the future.
If the APVMA considers that a provision in an enforceable undertaking has been breached, we may apply to the court for an order that may include:?
- directing the person to comply with the undertaking
- directing the person to pay the Commonwealth by financial compensation
- directing the person to compensate any other person who has suffered loss or damage as a result of the breach
- any other order the court considers appropriate.
The duration of an undertaking is determined by relevant circumstances. For a particular case, action can involve planning, commissioning and reporting activities. This means the timeframe should be long enough for the effectiveness of the action to be assessed.?
If we accept an enforceable undertaking, we will cease any relevant investigation the undertaking was based on.?
When we are satisfied that all the elements of the enforceable undertaking are complete, we will send you a letter advising the undertaking has been discharged.?
Enforceable undertakings may be varied, withdrawn or cancelled. You may vary the undertaking at any time by making a request to us in writing.?
We will consent to variations in circumstances where:?
- the variation does not alter the spirit of the original enforceable undertaking
- there has been a material change in circumstances
- compliance with the original undertaking has been found to be impractical.
You may withdraw the undertaking at any time under section 69EL(3) of the Administration Act or section 145E(3) of the Agvet Code, but only with our written consent. A request to withdraw must be made in writing to us.?
The APVMA may agree to withdraw an undertaking in exceptional circumstances
In exceptional circumstances, the APVMA may agree to withdraw the undertaking and you will no longer be bound by the undertaking.?
An undertaking can be cancelled under section 69EL(S) of the Administration Act or section 145E(S) of the Agvet Code and you will receive a written notice informing you of this action.?
Publishing of enforceable undertakings
Pursuant to subsection 145E (6) of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994, the APVMA must publish the undertaking on the APVMA’s website.