Document ID: chunk:federal_register_of_legislation:F2016L00360:reg:14:p10
Version: federal_register_of_legislation:F2016L00360
Segment Type: reg
Provision Reference: reg 14 (pt 10/16)
Character Range: 25974–29060

to at section 7.1 of these guidelines;
           c)      whether the Information Commissioner believes that the respondent has the ability to, and genuinely intends to, comply with the terms of the undertaking.
  Withdrawing, varying or cancelling an undertaking accepted by the Information Commissioner
8.7  The person may withdraw or vary the undertaking at any time, but only with the written consent of the Information Commissioner.
8.8  The Information Commissioner may cancel the undertaking by written notice.
8.9  The Information Commissioner generally will only consent to the variation or withdrawal of an undertaking if:
           a)      compliance with the enforceable undertaking is subsequently found to be impractical; or
           b)     there has been a material change in the circumstances which led to the undertaking being given, meaning that variation or withdrawal is appropriate in the circumstances; and
           c)      the Information Commissioner is satisfied that an appropriate regulatory outcome will still be achieved in the circumstances.

General approach to enforcing undertakings

8.10   If the Information Commissioner considers that a person has breached an undertaking accepted under section 80 and that undertaking has not been withdrawn or cancelled, the Information Commissioner may apply to a Court for one or more of the orders listed in that section:
           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 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.
      8.11 When deciding whether to seek an order from a Court to enforce an undertaking, the Information Commissioner may take into account:
           a)      the particular circumstances of the matter;
           b)     the factors referred to at section 7.1 of these guidelines;
           c)      the Commonwealth's model litigant obligations referred to at section 7.5 of these guidelines.
9 Enforceable undertakings under the Privacy Act

9.1  Under section 33E of the Privacy Act, the Information Commissioner may accept a written undertaking given by an entity that an entity will:
           a)      take specified action in order to comply with the Privacy Act;
           b)     refrain from taking specified action, in order to comply with the Privacy Act;
           c)      take specified action directed towards ensuring that the entity does not do an act, or engage in a practice, in the future that interferes with the privacy of an individual.

  Giving an enforceable undertaking

9.2  The individual giving and executing the undertaking must have the authority to negotiate on behalf of, and