Document ID: chunk:federal_register_of_legislation:C2025C00044:section:198
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 198
Character Range: 440387–441463

198  Enforcement of undertakings
 (1) If:
 (a) a person has given an undertaking under section 197; and
 (b) the undertaking has not been withdrawn or cancelled; and
 (c) the AUSTRAC CEO considers that the person has breached the undertaking;
the AUSTRAC CEO may apply to the Federal Court for an order under subsection (2).
 (2) If the Federal 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 8—Powers of questioning, search and arrest for cross‑border movements of monetary instruments