South Australian Current Acts South Australian Current Acts63BC—Enforcement orders in relation to assurances
(1) If the District
Court is satisfied, on an application under this section, that a person has
acted contrary to, or failed to comply with, an assurance accepted under this
Division, 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
assurance;
(c) an
order directing the person to pay to the Crown 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 of, or non-compliance with, the
assurance;
(d) any
order that the Court considers appropriate directing the person to compensate
any person who has suffered loss or damage as a result of the breach of, or
non-compliance with, the assurance;
(e) any
other order that the Court considers appropriate.
(2) An application
under this section may be made—
(a) in
the case of an assurance accepted by the Commission—by the Commission;
or
(b) in
the case of an assurance accepted by the Technical Regulator—by the
Technical Regulator.
(3) The Court may make
an interim order under subsection (1)(a) pending final determination of
the application.
(4) The Court may, on
the application of the Commission, the Technical Regulator or a person, vary
or discharge an order under subsection (1)(a).
(5) An order under
subsection (1)(a) may be made subject to such conditions as the Court
thinks fit.
(6) The 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.