Australian Capital Territory Numbered Acts

FAIR TRADING ACT 1992 (NO. 72 OF 1992) - SECT 37

37. (1) If a person fails to comply with a request by the Director to give an undertaking under section 36, the Court may, on the application of the Director and on being satisfied that there were grounds for requesting the undertaking—

        (a)     order the person to act in a manner that would have been required by the undertaking;

        (b)     order the person to refrain from acting in a manner that would have been prohibited by the undertaking; or

        (c)     make such other order as it thinks fit to give appropriate effect to the undertaking;

had that undertaking been given.

(2) If, on the application of the Director or a person authorised in writing by the Director so to apply, the Court is satisfied that a person has failed to observe an undertaking he or she gave under section 36, the Court may order the latter person—

        (a)     to observe the undertaking; and

        (b)     in the case of an undertaking to rectify the consequences of a contravention of a code—to observe the undertaking within a time specified by the Court.

(3) If—

        (a)     the failure on which an application under subsection (1) or (2) is based is a failure by a body corporate; and

        (b)     the Court is satisfied that the failure occurred with the consent or connivance of a person who, at the time of the failure, was a director of the body corporate or a person concerned in its management;

the Court may, in addition to any other order, order—

        (c)     that the person desist from consenting to or conniving in the failure; or

        (d)     that the person desist from consenting to or conniving in a like failure by any other body corporate of which he or she is a director or in the management of which he or she is concerned.

(4) An order under this section may be made subject to such conditions (whether as to the duration of the order or otherwise) as the Court thinks fit including—

        (a)     conditions as to the future conduct of the person affected; and

        (b)     conditions specifying the action to be taken by the person to rectify the consequences of the failure the subject of the application under this section.

(5) A person shall not contravene or fail to comply with an order made under this section.

Penalty:

        (a)     if the offender is a natural person—$5,000;

        (b)     if the offender is a body corporate—$25,000.