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s 39D

Enforcement orders

In force
Part IVAEnforceable undertakings

39D Enforcement orders

(1)

The Authority may apply to the Supreme Court for an order under subsection (2) if the

Authority considers that a person has contravened an enforceable undertaking accepted by the Authority.

(2)

The Supreme Court may make any of the following enforcement orders if the Court is satisfied that the person has contravened the enforceable undertaking:

(a)

an order directing the person to comply with the undertaking;

(b)

an order directing the person to do any specified act or thing for the purpose of complying with the undertaking;

(c)

an order directing the person to do any specified act or thing to minimise any harm or other impact resulting from the contravention of the undertaking;

(d)

an order that the person pay an amount to the Authority for any costs or expenses reasonably incurred by the Authority in taking action to minimise any harm or other impact resulting from the contravention of the undertaking, including any investigation, legal or court costs;

(e)

an order that the person pay an amount in compensation to any other person who has suffered loss or damage as a result of the contravention of the undertaking;

(f)

an order revoking the undertaking;

(g)

any other order the Court considers appropriate in the circumstances.

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