Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 146

Undertakings

146. Undertakings



(1) The Director may accept a written undertaking given by a person in
connection with-

   (a)  a matter in relation to which the Director has a power or function
        under this Act; or

   (b)  a matter relating to a contravention of any other Consumer Act.



(2) The person may withdraw or vary an undertaking at any time, if the person
has first obtained the consent of the Director.

(2A) The Director, with the consent of the person who gave an undertaking, may
apply, at any time, to the Magistrates' Court for an order directing the
person to comply with the undertaking.

(2B) On an application under subsection (2A), the Magistrates' Court may by
order direct the person who gave the undertaking to comply with the
undertaking.

(3) If the Director considers that the person who gave the undertaking has
breached any of its terms, the Director may apply to the Magistrates' Court
for an order under subsection (4).

(4) If the Magistrates' Court is satisfied that the person has breached a term
of the undertaking, the Magistrates' Court may make all or any 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 State 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 Magistrates' Court considers appropriate directing
        the person to compensate any other person who has suffered loss,
        injury or damage as a result of the breach;

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

(5) If a body corporate is found to have breached an undertaking, each officer
of the body corporate is deemed to have so breached the undertaking if the
officer knowingly authorised or permitted the breach and the Magistrates'
Court may, against the officer, make all or any of the orders set out in
subsection (4) that the Magistrates' Court thinks appropriate.