Document ID: chunk:federal_register_of_legislation:C2010C00260:clause:3_1:p6
Version: federal_register_of_legislation:C2010C00260
Segment Type: clause
Provision Reference: sch 3 cl 1 (pt 6/6)
Character Range: 68857–70259

likely that the entity will refuse or fail to do that thing—whether or not the entity has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to anyone if the entity refuses or fails to do that act or thing.

290‑150  Other powers of the Federal Court unaffected

  The powers conferred on the Federal Court of Australia under this Subdivision are in addition to, and not instead of, any other powers of the Court, however conferred.

Subdivision 290‑D—Voluntary undertakings

Table of sections

290‑200 Voluntary undertakings

290‑200  Voluntary undertakings

 (1) The Commissioner may accept a written undertaking given by an entity for the purposes of this section in connection with furthering the objects of this Division.

 (2) The entity may withdraw or vary the undertaking at any time, but only with the consent of the Commissioner.

 (3) If the Commissioner considers that the entity that gave the undertaking has breached any of its terms, the Commissioner may apply to the Federal Court of Australia for an order under subsection (4).

 (4) If the Court is satisfied that the entity has breached a term of the undertaking, the Court may make one or both of the following orders:
 (a) an order directing the entity to comply with that term of the undertaking;
 (b) any other order that the Court considers appropriate.