Document ID: chunk:federal_register_of_legislation:C2010A00041:clause:1_123b
Version: federal_register_of_legislation:C2010A00041
Segment Type: clause
Provision Reference: sch 1 cl 123B
Character Range: 8341–9365

123B  Enforcement of undertakings
 (1) If:
 (a) an aviation industry participant has given an undertaking under section 123A; and
 (b) the undertaking has not been withdrawn or cancelled; and
 (c) the Secretary considers that the participant has breached the undertaking;
the Secretary may apply to the Federal Court for an order under subsection (2).
 (2) If the Federal Court is satisfied that the participant has breached the undertaking, the Court may make any or all of the following orders:
 (a) an order directing the participant to comply with the undertaking;
 (b) an order directing the participant to pay to the Commonwealth an amount up to the amount of any financial benefit that the participant has obtained directly or indirectly and that is reasonably attributable to the breach;
 (c) any order that the Court considers appropriate directing the 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.