Enforcement of undertakings

In force

(1)

If the Regulator considers that a person who gave an undertaking under section 42 has breached any of its terms, the Regulator may apply to the Supreme Court for an order under subsection (2).

(2)

If the Supreme Court is satisfied that the person has breached a term of the undertaking, the Court may make one or more of the following orders—

(a)

an order directing the person to comply with that term of the undertaking;

(b)

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

(c)

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

(d)

any other order that the Court considers appropriate.

Note

Section 43 of the Commonwealth Act confers a similar power to enforce undertakings on the Federal Court of Australia.

This Act’s bill:Explanatory memorandum Second reading speech

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43 Enforcement of undertakings