Victorian Current Acts Victorian Current Acts(1) If a court is satisfied that a person has contravened a term of an enforceable undertaking, the court may make an order under subsection (3).
(2) The court may make an order under subsection (3) on application of the Commission or a person authorised by the Commission.
(3) The court may order the person to pay an amount not exceeding the amount that the court is satisfied represents the amount of any monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the contravention of the term of the enforceable undertaking.
(4) A person must pay an amount under subsection (3) to the Commission for payment into the Essential Services Commission Enforcement Fund.
Note
An amount that is ordered to be paid under this section is a debt due to the Commission and the Commission may recover the amount in the court—see section 54ZS.
New Pt 7 Div. 4 (Heading and s. 54ZG) inserted by No. 41/2021 s. 9.
Division 4—Compliance notices
S. 54ZG inserted by No. 41/2021 s. 9.