Independent Competition and Regulatory Commission Act 1997

If the commission considers that a person has contravened an undertaking given by the person under section 54C, it may apply to the court for an order under subsection (2).

If the court is satisfied the person has contravened the undertaking, the court may make 1 or more of the following orders:

an order that the person comply with the undertaking;

an order that the person pay the Territory an amount up to the amount of any financial benefit the person has obtained directly or indirectly and that is reasonably attributable to the contravention;

an order the court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the contravention;

any other order the court considers appropriate.

An amount ordered to be paid under subsection (2) (b) is a debt payable to the Territory.

Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

Division 9A.3 Civil penalty notices