AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 208 Undertakings as to damages and costs
AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 208
Undertakings as to damages and costs(1) In any application under section 201, 202 or 203 of this Act or under section 232 of the Australian Consumer Law (Victoria), subject to subsection (2), if—
(a) the court would, but for this subsection, require a person to give an undertaking as to damages or costs; and
(b) the Minister or the Director gives the undertaking—
the court must accept the undertaking by the Minister or the Director and must not require a further undertaking from any other person.
(2) In an application for an injunction under section 202 or 203 of this Act or under section 232 of the Australian Consumer Law (Victoria), if the application has been made by the Minister or the Director and if the court has determined to grant an interim injunction, the Court must not, as a condition of granting the interim injunction, require the applicant or any other person to give any undertaking as to damages or costs.