(1) Where a person fails to comply with a request by the Director-General for the giving of an undertaking under section 49(1), the Tribunal may, on the application of the Director-General or any other person, and on being satisfied that there were grounds for requesting the undertaking, order the first-mentioned person:
(a) to act in a manner that would have been required; or
(b) to refrain from acting in a manner that would have been prohibited,
by the undertaking if it had been given.
(2) Where, on the application of the Director-General or any other person, the Tribunal is satisfied that a person has failed to observe an undertaking given by that person under section 49(1), the Tribunal may make an order under subsection (3).
(3) The Tribunal may order the person by whom the undertaking was given:
(a) to observe the undertaking; and
(b) in the case of an undertaking to rectify the consequences of a contravention of a code of practice – to observe the undertaking within a time specified in the order.
(a) the failure on which an application under subsection (1) or (2) is based is a failure by a body corporate; and
(b) the Tribunal is satisfied that the failure occurred with the consent or connivance of a person who, at the time of the failure, was a director of the body corporate or a person otherwise concerned in its management,
the Tribunal may, in addition to any other order, make an order under subsection (5).
(5) The Tribunal may, in a case falling within subsection (4), make an order prohibiting the person from:
(a) continuing to consent to, or connive at, the failure; or
(b) consenting to, or conniving at, a like failure by any other body corporate of which the person is a director or in the management of which the person is concerned.
(6) An order under this section may be made subject to such conditions (whether as to the duration of the order or otherwise) as the Tribunal thinks fit including:
(a) conditions as to the future conduct of the person affected; and
(b) conditions specifying the action to be taken by the person to rectify the consequences of the failure the subject of the application under this section.
(7) A person who contravenes or fails to comply with an order under this section is guilty of an offence.
Penalty: In the case of a natural person – 100 penalty units or imprisonment for 6 months.
In the case of a body corporate – 500 penalty units.