Commonwealth Consolidated Acts

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REGULATORY POWERS (STANDARD PROVISIONS) ACT 2014 - SECT 115

Enforcement of undertakings

  (1)   An authorised person may apply to a relevant court for an order under subsection   (2) if:

  (a)   a person has given an undertaking under section   114; and

  (b)   the undertaking has not been withdrawn or cancelled; and

  (c)   the authorised person considers that the person has breached the undertaking.

  (2)   If the relevant court is satisfied that the person has breached the undertaking, the court may make any or all of the following orders:

  (a)   an order directing the person to comply with 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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