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BROADCASTING SERVICES ACT 1992 - SECT 61AT Enforcement of undertakings

BROADCASTING SERVICES ACT 1992 - SECT 61AT

Enforcement of undertakings

  (1)   If:

  (a)   a person has given an undertaking under section   61AS; and

  (b)   the undertaking has not been withdrawn or cancelled; and

  (c)   the ACMA considers that the person has breached the undertaking;

the ACMA may apply to the Federal Court for an order under subsection   (2).

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

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

  (b)   an order directing the person to pay to the ACMA, on behalf of the Commonwealth, 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 order that the court considers appropriate directing the person 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.

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