Commonwealth Numbered Acts

TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 (NO. 73, 2011) - SECT 126

             (1)  If:

                     (a)  a regulated entity has given an undertaking under section 125; and

                     (b)  the undertaking has not been withdrawn or cancelled; and

                     (c)  TEQSA considers that the entity has breached the undertaking;

TEQSA may apply, on behalf of the Commonwealth, to the Federal Court or the Federal Magistrates Court for an order under subsection (2).

             (2)  If the Court is satisfied that the regulated entity has breached the undertaking, the Court may make any or all of the following orders:

                     (a)  an order directing the entity to comply with the undertaking;

                     (b)  an order directing the entity to pay to the Commonwealth an amount up to the amount of any financial benefit that the entity has obtained directly or indirectly and that is reasonably attributable to the breach;

                     (c)  any order that the Court considers appropriate directing the entity 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.