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Enforceable undertakings

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08 August 2017

The Clean Energy Regulator may accept enforceable undertakings from sche​me participants in cases of potential or actual non-compliance. Enforceable undertakings are written statements from a person or organisation that they will do, or refrain from doing, certain things in order to resolve breaches or improve compliance with the legislation. For example, an organisation might undertake to surrender a number of renewable energy certificates that it was not entitled to create under the Renewable Energy Target, within a designated timeframe.

The Clean Energy Regulator takes into consideration a number of factors before agreeing to the offer of an enforceable undertaking. These factors include participant willingness and likelihood to comply with the undertaking, previous compliance history in the scheme and the proportionality of the outcome to the conduct that has, or is likely to occur.

Breach of an enforceable undertaking may result in court action.​

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