Construction Occupations (Licensing) Act 2004

This section applies if the registrar—

believes on reasonable grounds that an entity has contravened a rectification undertaking; and

has not—

authorised someone to take action under section 37 (3) in relation to the work stated in the rectification undertaking; or

made a rectification order in relation to the entity that gave the rectification undertaking requiring the entity to take the action stated in the undertaking.

The registrar may apply to the Magistrates Court for an order under subsection (3).

If the Magistrates Court is satisfied that the rectification undertaking has been contravened, the court may make 1 or more of the following orders:

an order requiring the entity that gave the undertaking to ensure that the undertaking is not contravened;

an order requiring the entity that 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 that the court considers appropriate requiring the entity that gave the undertaking to compensate someone who has suffered loss or damage because of the contravention of the undertaking;

an order discharging the undertaking.

In addition to the orders mentioned in subsection (3), the court may make any other order the court considers appropriate in the circumstances, including orders directing the entity that gave the undertaking to pay to the Territory—

the costs of the proceeding; and

the reasonable costs of the registrar in monitoring compliance with the undertaking in the future.