AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 198 Undertakings
AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 198
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.
(3) 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.
(4) On an application under subsection (3), the Magistrates' Court may by order direct the person who gave the undertaking to comply with the undertaking.
(5) 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 (6).
(6) 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.
(7) 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 (6) that the Magistrates' Court thinks appropriate.