122Failure to comply with enforceable undertakings

122 Failure to comply with enforceable undertakings

(1) If the Regulatory Authority considers that a person who gave an undertaking under section 119 has failed to comply with any of its terms, the Regulatory Authority may apply to the Magistrates' Court for an order under subsection (2) to enforce the undertaking.

(2) If the Magistrates' Court is satisfied that the person has failed to comply with a term of the undertaking, the Magistrates' Court may make any of the following orders—

(a) an order directing the person to comply with the term of the undertaking;

(b) an order that the person take any specified action for the purpose of complying with the undertaking;

(c) any other order that the Magistrates' Court considers appropriate in the circumstances.

(3) If the Magistrates' Court determines that the person has failed to comply with a term of an undertaking under section 119(2), proceedings may be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.

(4) If the Magistrates' Court determines that an approved provider has failed to comply with a term of an undertaking under section 119(3), the Regulatory Authority may without further notice—

(a) if the undertaking was given in circumstances set out in section 27(a), suspend the provider approval under section 27; or

(b) if the undertaking was given in circumstances set out in section 72(a), suspend the service approval under section 72; or

(c) if the undertaking was given in circumstances set out in section 125(3), give a prohibition notice under section 123 in relation to a matter that is the subject of the undertaking.

(5) If the Magistrates' Court determines that a person has failed to comply with a term of an undertaking under section 119(4), the Regulatory Authority may, without further notice, give a prohibition notice under section 123 in relation to a matter that is the subject of the undertaking.

(6) Proceedings referred to in subsection (3) may be brought within 6 months of the determination or within 2 years of the date of the alleged offence, whichever occurs last.

Division 3—Prohibition notices

S. 123 inserted by No. 37/2019 s. 8.