New South Wales Consolidated Acts

CEMETERIES AND CREMATORIA ACT 2013 - SECT 40

40 Enforcement of undertakings

(1) The Cemeteries Agency may apply to the Local Court (or such other court or tribunal as may be prescribed by the regulations) for an order under subsection (2) if--

(a) a person has given an undertaking under section 39 that has not been withdrawn or cancelled, and

(b) the Cemeteries Agency considers the person has breached the undertaking.

(2) If the Local Court (or court or tribunal prescribed by the regulations) is satisfied that the person has breached the undertaking, it may make any or all of the following orders--

(a) an order directing the person to comply with the undertaking within a time (if any) specified in the order,

(b) an order directing the person to pay to the Cemeteries Agency 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 other order that it considers appropriate, including an order directing the person to compensate any other person who has suffered damage or loss as a result of the breach.