Document ID: chunk:federal_register_of_legislation:C2024C00557:section:164
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 164
Character Range: 428032–429094

164  Enforcement of undertakings
 (1) If:
 (a) a person has given an undertaking under section 163; and
 (b) the undertaking has not been withdrawn or cancelled; and
 (c) the appropriate enforcement agency considers that the person has breached the undertaking;
the appropriate enforcement agency may apply to a Court for an order under subsection (2).
 (2) If the Court is satisfied that the person has breached 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 enforcement agency, on behalf of the Commonwealth, 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 7—Enforcement notices