Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_218
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 218
Character Range: 311780–313039

218  Regulator may accept undertakings

 (1) The regulator may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the regulator has a power or function under this Schedule.

 (2) The person may, with the consent of the regulator, withdraw or vary the undertaking at any time.

 (3) If the regulator considers that the person who gave the undertaking has breached any of its terms, the regulator may apply to a court for an order under subsection (4).

 (4) If the court is satisfied that the person has breached a term of the undertaking, the court may make all or any of the following orders:
 (a) an order directing the person to comply with that term of the undertaking;
 (b) an order directing the person to pay to the Commonwealth, or to a State or Territory, an amount up to the amount of any financial benefit that the person has obtained 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 2—Substantiation notices