CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 279 Enforcement of undertakings

CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 279

             (1)  If:

                     (a)  a person has given an undertaking under section 278; and

                     (b)  the undertaking has not been withdrawn or cancelled; and

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

the Regulator may apply to a Court for an order under subsection (2) of this section.

             (2)  If the 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 Regulator, 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.

             (3)  In this section:

"Court" means:

                     (a)  the Federal Court; or

                     (b)  a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.