Western Australian Consolidated Acts Western Australian Consolidated Acts [(1) deleted]
(2) Where a person
fails to comply with a request by the Commissioner for the giving by the
person of an undertaking under section 44, the State Administrative
Tribunal may, on the application of the Commissioner and on being satisfied
that there were grounds for requesting the undertaking, order the
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, and the person shall comply with the order.
Penalty: $10 000.
(3) Where, on the
application of the Commissioner, the State Administrative Tribunal is
satisfied that a person has failed to observe an undertaking given by the
person under section 44, the State Administrative Tribunal may make an
order under subsection (4) against the person.
(4) The State
Administrative Tribunal may order the person —
(a) to
observe the undertaking; and
(b) in
the case of an undertaking to rectify the consequence of a contravention of a
code of practice — to observe the undertaking within a time
specified by the State Administrative Tribunal in the order.
(5)
If —
(a) the
failure on which an application under subsection (2) or (3) is based is a
failure by a body corporate; and
(b) the
State Administrative 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 concerned in its management,
the State
Administrative Tribunal may, in addition to any other order, make an order
under subsection (6).
(6) The State
Administrative Tribunal may 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,
and the person to whom
the order relates shall comply with the order.
Penalty: $10 000.
(7) An order under
this section may be made subject to such conditions (whether as to the
duration of the order or otherwise) as the State Administrative 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.
(8) The State
Administrative Tribunal may, on the application of the Commissioner, vary or
discharge an order made under this section.
[Section 46 amended by No. 55 of 2004
s. 338 and 339.]