FAIR TRADING ACT 2010 - SECT 53
FAIR TRADING ACT 2010 - SECT 53
53 . Transitional provisions for undertakings under Fair Trading Act 1987 s. 44
(1) The following
provisions apply to a deed executed under the Fair Trading Act 1987
section 44 and that was in force immediately before the commencement of this
section —
(a) the
deed continues in force after that commencement;
(b) a
person must observe undertakings given by the person in the deed;
(c) if,
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 in the deed, the State Administrative Tribunal may order the person
—
(i)
to observe the undertaking; and
(ii)
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.
(2) A person who
contravenes subsection (1)(b) commits an offence.
Penalty: a fine of $10 000.
(3) A prosecution for
an offence under subsection (2) can be instituted only by the Commissioner,
and only with leave of the State Administrative Tribunal given when making an
order under subsection (1)(c).
(4) Section 47(3) to
(6) apply in relation to proceedings under subsection (1)(c) as if they were
proceedings for an order under that section.