40Contravention of undertaking

#### 40 Contravention of undertaking 40 Contravention of undertaking > > (1) The Secretary may apply to the Local Court for an order if a person contravenes an undertaking. > > > (2) An application for an order must be made not later than 2 years after the contravention occurred. > > > (3) If the Court is satisfied that the person who made the undertaking has contravened the undertaking, the Court, in addition to the imposition of any penalty, may make 1 or both of the following orders— > > > > > (a) an order directing the person to comply with the undertaking for the period specified in the order, > > > > > (b) an order discharging the undertaking. > > > (4) In addition to the orders referred to in subsection (3), the Court may make any other order that the Court considers appropriate in the circumstances, including orders directing the person to pay to the State— > > > > > (a) the costs of the proceedings, and > > > > > (b) the reasonable costs of the Secretary in monitoring compliance with the undertaking in the future. > > > (5) Nothing in this section prevents proceedings being brought for the contravention or alleged contravention of this Act to which the undertaking relates.