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NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 - SECT 147

Enforcement of undertakings

  (1)   If the National VET Regulator considers that a person who gave an undertaking under section   146 has breached any of its terms, the Regulator may apply to:

  (a)   the Federal Court; or

  (b)   the Federal Circuit and Family Court of Australia (Division   2);

for an order under subsection   (2).

  (2)   If a court mentioned in subsection   (1) 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 Commonwealth 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.


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