170.This section explains what is meant when the Measure refers to a settlement agreement between the Commissioner and a person (referred to as “D”) in relation to D’s failure to comply with a standard.
171.A settlement agreement contains an undertaking by D:
not to fail to comply with one or more standards;
to take particular action;
to refrain from taking particular action
and an undertaking by the Commissioner not to take enforcement action in respect of the failure.
172.The settlement agreement may include other provision and may also be varied or terminated by agreement of the Commissioner and D. However, entering into a settlement agreement does not mean that D has admitted the failure.