Document ID: chunk:federal_register_of_legislation:C2014C00181:clause:8_110b
Version: federal_register_of_legislation:C2014C00181
Segment Type: clause
Provision Reference: sch 8 cl 110B
Character Range: 149753–150781

110B  Enforcement of undertakings
 (1) The Secretary may apply to the Federal Court of Australia, or the Federal Magistrates Court, for an order under subsection (2) if:
 (a) a registered provider has given an undertaking under section 110A; and
 (b) the undertaking has not been withdrawn or cancelled; and
 (c) the Secretary considers that the provider has breached the undertaking.
 (2) If the Court is satisfied that the provider has breached the undertaking, the Court may make any or all of the following orders:
 (a) an order directing the provider to comply with the undertaking;
 (b) an order directing the provider to pay to the Commonwealth an amount up to the amount of any financial benefit that the provider has obtained directly or indirectly and that is reasonably attributable to the breach;
 (c) any order that the Court considers appropriate directing the provider to compensate any person who has suffered loss or damage as a result of the breach;
 (d) any other order that the Court considers appropriate.