Western Australian Current Acts Western Australian Current Acts (1) If the Supreme
Court is satisfied, on the application of the Registrar, that a person has
contravened an undertaking accepted by the Registrar, the court may make any
or all of the following orders —
(a) an
order prohibiting the person from engaging in specified conduct;
(b) an
order directing the person to take specified action to comply with the
undertaking;
(c) an
order directing the person to pay to the Registrar 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 contravention of the undertaking;
(d) any
order that the court considers appropriate directing the person to compensate
any other person who has suffered loss, injury or damage as a result of the
contravention of the undertaking;
(e) any
other order that the court considers appropriate.
(2) The Supreme Court
may make an interim order under subsection (1)(a) pending final determination
of the application.
(3) The Supreme Court
may, on the application of the Registrar or the person in respect of whom the
order was made, vary or discharge an order under subsection (1)(a).
(4) An order under
subsection (1)(a) may be made subject to such conditions as the Supreme Court
thinks appropriate.
(5) The Supreme Court
must not make an order under this section (other than an interim order) unless
satisfied on the balance of probabilities that proper grounds for the order
have been established.
(6) If a co-operative
or other corporation is found to have contravened an undertaking, each officer
of the co-operative or other corporation is taken to have so breached the
undertaking if the officer knowingly authorised or permitted the breach, and
the Supreme Court may make, against the officer, all or any of the orders
specified in subsection (1) that the court thinks appropriate.
[Section 481D inserted: No. 7 of 2016 s. 177.]