An Enforceable Undertaking is a mandatory written agreement between an entity and the Australian Pesticides and Veterinary Medicines Authority (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 Agricultural and Veterinary Chemicals (Administration) Act 1992 (the Administration Act), Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code) or the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 (the 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

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. 

Legislation

Under section 69EL of the Administration Act and section 145E of the Agvet Code, we can accept any of the following: 

  • 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

Court order

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.

Timeframe

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. 

Acceptance

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. 

Variation

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.

Withdrawal

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. 

Cancellation

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. 

Enforceable Undertakings published

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 our website.

CTS Chemicals Pty Ltd

January 2023

On 27 January 2023 CTS Chemicals Pty Ltd made an enforceable undertaking to the APVMA. Pursuant to subsection 145E (6) of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994, the Enforceable Undertaking has been published.

Fleamail Pty Ltd and Veterinary Providers Australia Pty Ltd

December 2022

On 20 October 2022 Fleamail Pty Ltd made an enforceable undertaking to the APVMA. Pursuant to subsection 145E (6) of the Agricultural and Veterinary Chemicals Code as scheduled to the Agricultural and Veterinary Chemicals Code Act 1994, the Enforceable Undertaking has been published.

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