Enforceable undertaking—contravention
79 Enforceable undertaking—contravention
If the regulator believes on reasonable grounds that an enforceable undertaking has been contravened, the regulator may apply to the Magistrates Court for an order.
If the Magistrates Court is satisfied that the enforceable undertaking has been contravened, the court may make 1 or more of the following orders:
an order requiring the person who gave the undertaking to ensure that the undertaking is not contravened;
an order requiring the person who gave the undertaking to pay to the Territory the amount assessed by the court as the value of the benefits anyone derived, directly or indirectly, from the contravention of the undertaking;
an order requiring the person who gave the undertaking to compensate someone who has suffered loss or damage because of the contravention of the undertaking;
any other order that the court considers appropriate.
This Act’s bill:Explanatory statementSecond reading speech
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