Document ID: chunk:federal_register_of_legislation:C2016C01025:clause:5_140rb
Version: federal_register_of_legislation:C2016C01025
Segment Type: clause
Provision Reference: sch 5 cl 140RB
Character Range: 27025–28005

140RB  Enforcing undertakings
 (1) The Minister may apply to an eligible court for an order under subsection (2) if:
 (a) a person has given an undertaking under section 140RA; and
 (b) the undertaking has not been withdrawn or cancelled; and
 (c) the Minister considers that the person has breached the undertaking.
 (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 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 2—Application