A person (including a company) who believes they have, or are likely to have breached an offence or civil penalty provision in the TGA legislation, can apply to the Secretary of the Department of Health and Ageing to enter into a written undertaking as an alternative to court action being commenced by the TGA.
If the Secretary accepts the Undertaking, the offending or potential offending party is bound by the terms agreed to in the Undertaking. A breach of the terms can result in the matter being referred to the Federal Court who can make orders under Section 42YL(5) of the Act.
The Department of Health and Aged Care acknowledges First Nations peoples as the Traditional Owners of Country throughout Australia, and their continuing connection to land, sea and community. We pay our respects to them and their cultures, and to all Elders both past and present.