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SPAM ACT 2003 - SECT 39 Enforcement of undertakings

SPAM ACT 2003 - SECT 39

Enforcement of undertakings

  (1)   If the ACMA considers that a person who gave an undertaking under section   38 has breached any of its terms, 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 a term of the undertaking, the Court may make any or all of the following orders:

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

  (b)   an order directing the person to pay to 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.