Co-operatives National Law (NSW)
546Enforcement orders after contravention of undertaking
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546 Enforcement orders after contravention of undertaking
546 Enforcement orders after contravention of undertaking
(1) If the designated tribunal is satisfied, on the application of the Registrar, that a person has contravened an undertaking accepted by the Registrar, the tribunal may make any or all of the following orders—
(a) an order prohibiting the person from engaging in specified conduct;
(b) an order directing the person to take specified action to comply with the undertaking;
(c) an order directing the person to pay to the Registrar 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 contravention of the undertaking;
(d) any order that the tribunal considers appropriate directing the person to compensate any other person who has suffered loss, injury or damage as a result of the contravention of the undertaking;
(e) any other order that the tribunal considers appropriate.
(2) The designated tribunal may make an interim order under subsection (1) (a) pending final determination of the application.
(3) The designated tribunal may, on the application of the Registrar or the person in respect of whom the order was made, vary or discharge an order under subsection (1) (a).
(4) An order under subsection (1) (a) may be made subject to such conditions as the designated tribunal thinks appropriate.
(5) The designated tribunal must not make an order under this section (other than an interim order) unless satisfied on the balance of probabilities that proper grounds for the order have been established.
(6) If a co-operative or other corporation is found to have contravened an undertaking, each officer of the co-operative or other corporation is taken to have so breached the undertaking if the officer knowingly authorised or permitted the breach, and the court may make, against the officer, all or any of the orders specified in subsection (1) that the court thinks appropriate.