Education and Training Reform Act 2006

If the Authority considers that an RTO has breached any of the terms of an undertaking given by the RTO under this Subdivision, the Authority may apply to the Magistrates' Court for an order under subsection (2).

If the Magistrates' Court is satisfied that the RTO has breached a condition of the undertaking, the Magistrates' Court may make all or any of the following orders—

an order directing the RTO to comply with the condition of the undertaking;

an order directing the RTO to pay to the State an amount up to the amount of any financial benefit that the RTO has obtained directly or indirectly and that is reasonably attributable to the breach;

any order that the Magistrates' Court considers appropriate directing the RTO to compensate any other person who has suffered loss, injury or damage as a result of the breach;

any other order that the Magistrates' Court considers appropriate.

If a body corporate is found to have breached an undertaking given under this Subdivision—

each officer of the body corporate is deemed to have so breached the undertaking if the officer knowingly authorised or permitted the breach; and

the Magistrates' Court may, against the officer, make all or any of the orders set out in subsection (2) that the Magistrates' Court thinks appropriate.