NSW Fair Trading has at its disposal a wide range of enforcement options when dealing with breaches of fair trading legislation including enforceable undertakings. An enforceable undertaking is a legally binding agreement where the trader or business agrees to do certain things in order to comply with the law.
Enforceable undertakings are an option for significant matters where there are reasonable grounds for believing the trader is willing to cooperate and rectify the situation without the need for litigation action.
Enforceable undertakings can be a beneficial option as consumers receive redress quickly and Fair Trading and the trader cooperate to reach a reasonable solution and prevent future non-compliance.
NSW Fair trading maintains a register that includes the following in relation to each undertaking accepted under section 218 of the ACL:
- a copy of the undertaking
- a copy of each variation of the undertaking
- the name and address of the person who gave the undertaking
- the date of the undertaking
The register is available for inspection during ordinary business hours free of charge. Please contact Fair Trading on 9619 8671 during business hours to arrange inspection of the register.