Fair Trading Act 2010

The following provisions apply to a deed executed under the Fair Trading Act 1987 section 44 and that was in force immediately before the commencement of this section —

the deed continues in force after that commencement;

a person must observe undertakings given by the person in the deed;

if, on the application of the Commissioner, the State Administrative Tribunal is satisfied that a person has failed to observe an undertaking given by the person in the deed, the State Administrative Tribunal may order the person —

to observe the undertaking; and

in the case of an undertaking to rectify the consequence of a contravention of a code of practice — to observe the undertaking within a time specified by the State Administrative Tribunal in the order.

A person who contravenes subsection (1)(b) commits an offence.

A prosecution for an offence under subsection (2) can be instituted only by the Commissioner, and only with leave of the State Administrative Tribunal given when making an order under subsection (1)(c).

Section 47(3) to (6) apply in relation to proceedings under subsection (1)(c) as if they were proceedings for an order under that section.