Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p39
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 39/66)
Character Range: 129544–132326

Division, refrain from taking specified action;
 (c) a written undertaking given by a registered entity that is a federally regulated entity that the entity will take specified action directed towards ensuring that:
 (i) the entity does not contravene a provision enforceable under this Division in the future; or
 (ii) it is more likely than not that the entity will not contravene such a provision in the future.
 (2) The Commissioner may accept any of the following undertakings:
 (a) a written undertaking given by a registered entity that the entity will, in order to comply with an external conduct standard, take specified action;
 (b) a written undertaking given by a registered entity that the entity will, in order to comply with an external conduct standard, refrain from taking specified action;
 (c) a written undertaking given by a registered entity that the entity will take specified action directed towards ensuring that:
 (i) the entity does not fail to comply with an external conduct standard in the future; or
 (ii) the entity is more likely than not to comply with such a standard in the future.
 (3) The undertaking must be expressed to be an undertaking under this section.
Note: Information relating to undertakings may be placed on the Register in accordance with Division 40.
 (4) The entity may withdraw or vary the undertaking at any time, but only with the written consent of the Commissioner.
 (5) The written consent of the Commissioner is not a legislative instrument.
 (6) The Commissioner may, by written notice given to the entity, cancel the undertaking.

90‑15  Enforcement of undertakings
 (1) If:
 (a) the Commissioner has been given an undertaking under section 90‑10; and
 (b) the undertaking has not been withdrawn or cancelled; and
 (c) the Commissioner considers that the entity that gave the undertaking has breached the undertaking;
the Commissioner may apply to a designated court for an order under subsection (2).
 (2) The court may make any or all of the orders mentioned in subsection (3) if it is satisfied that:
 (a) the entity has breached the undertaking; and
 (b) the entity is still a registered entity; and
 (c) if the Commissioner was given the undertaking under subsection 90‑10(1) (undertakings by federally regulated entities)—the entity is still a federally regulated entity.
 (3) The orders are as follows:
 (a) an order directing the entity to comply with the undertaking;
 (b) an order directing the entity to pay to the Commonwealth an amount up to the amount of any financial benefit that the entity has obtained directly or indirectly and that is reasonably attributable to the breach;
 (c) any order that the court considers appropriate directing the entity to compensate any other entity that has suffered loss