Document ID: chunk:federal_register_of_legislation:C2025C00135:section:133a
Version: federal_register_of_legislation:C2025C00135
Segment Type: section
Provision Reference: s 133A
Character Range: 216077–217244

133A  Enforceable undertakings
 (1) APRA may accept a written undertaking given by a person in connection with a matter in relation to which APRA has a power or function under this Act.
 (2) The person may, with APRA's consent, vary or withdraw the undertaking.
 (3) If APRA considers that a person who has given an undertaking has breached any of the terms of the undertaking, APRA may apply to the Court for an order under subsection (4).
 (4) If the Court is satisfied that a person who has given an undertaking has breached any of the terms of the undertaking, the Court may make any or all of the following orders:
 (a) an order directing the person to comply with the undertaking;
 (b) an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person obtained (whether directly or indirectly) and that is reasonably attributable to the breach;
 (c) any order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;
 (d) any other order that the Court considers appropriate.

Division 3—Investigation by APRA