Document ID: chunk:federal_register_of_legislation:C2019A00097:clause:1_10b
Version: federal_register_of_legislation:C2019A00097
Segment Type: clause
Provision Reference: sch 1 cl 10B
Character Range: 13082–14173

10B  Enforcement of undertakings
 (1) The Secretary may apply to the Federal Court of Australia for an order under subsection (2) if:
 (a) an approved participant has given an undertaking under section 10A; and
 (b) the undertaking has not been withdrawn or cancelled; and
 (c) the Secretary considers that the approved participant has breached the undertaking.
 (2) If the Federal Court of Australia is satisfied that the approved participant has breached the undertaking, the Court may make any or all of the following orders:
 (a) an order directing the approved participant to comply with the undertaking;
 (b) an order directing the approved participant to pay to the Commonwealth an amount up to the amount of any financial benefit that the approved participant has obtained directly or indirectly and that is reasonably attributable to the breach;
 (c) any order that the Court considers appropriate directing the approved participant 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.