Document ID: chunk:federal_register_of_legislation:C2025C00182:section:93aa
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 93AA
Character Range: 405925–407080

93AA  Enforcement of undertakings given to ASIC
 (1) ASIC may accept a written undertaking given by a person in connection with a matter in relation to which ASIC has a function or power under this Act.
 (2) The person may withdraw or vary the undertaking at any time, but only with ASIC's consent.
 (3) If ASIC considers that the person who gave the undertaking has breached any of its terms, ASIC may apply to the Court for an order under subsection (4).
 (4) If the Court is satisfied that the person has breached a term of the undertaking, the Court may make all or any of the following orders:
 (a) an order directing the person to comply with that term of 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.

Part 3A—Enforceable undertakings