EDUCATION AND TRAINING REFORM ACT 2006 - SECT 4.3.8M Authority may apply for Court order if undertaking breached

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 4.3.8M

    (1)     If the Authority considers that a provider of school boarding services has breached any of the terms of an undertaking given by the provider under section 4.3.8J, the Authority may apply to the Magistrates' Court for an order under subsection (2).

    (2)     If the Magistrates' Court is satisfied that the provider of school boarding services has breached a term of the undertaking, the Magistrates' Court may make all or any of the following orders—

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

        (b)     any other order that the Magistrates' Court considers appropriate.

    (3)     If a body corporate is found to have breached an undertaking given under section 4.3.8J—

        (a)     each officer of the body corporate is deemed to have breached the undertaking if the officer knowingly authorised or permitted the breach; and

        (b)     the Magistrates' Court may make all or any of the orders set out in subsection (2) against the officer that the Magistrates' Court thinks appropriate.

S. 4.3.8N inserted by No. 33/2020 s. 7.