242Orders by Local Court where undertaking refused or breached

242 Orders by Local Court where undertaking refused or breached (1) Where a person fails to comply with a request by the Commissioner for the giving of an undertaking under section 240(1), the Local Court may, on the application of the Commissioner or any other person, and on being satisfied that there were grounds for requesting the undertaking, order the first-mentioned person: (a) to act in a manner that would have been required; or (b) to refrain from acting in a manner that would have been prohibited; by the undertaking if it had been given. (2) Where, on the application of the Commissioner or any other person, the Local Court is satisfied that a person has failed to observe an undertaking given by that person under section 240(1), the Local Court may make an order under subsection (3). (3) The Local Court may order the person by whom the undertaking was given: (a) to observe the undertaking; and (b) in the case of an undertaking to rectify the consequences of a contravention of a code of practice – to observe the undertaking within a time specified in the order. (4) Where: (a) the failure on which an application under subsection (1) or (2) is based is a failure by a body corporate; and (b) the Local Court is satisfied that the failure occurred with the consent or connivance of a person who, at the time of the failure, was a director of the body corporate or a person otherwise concerned in its management; Consumer Affairs and Fair Trading Act 1990 92 the Court may, in addition to any other order, make an order under subsection (5). (5) The Local Court may, in a case falling within subsection (4), make an order prohibiting the person from: (a) continuing to consent to, or connive at, the failure; or (b) consenting to, or conniving at, a like failure by any other body corporate of which the person is a director or in the management of which the person is concerned. (6) An order under this section may be made subject to such conditions (whether as to the duration of the order of otherwise) as the Court thinks fit including: (a) conditions as to the future conduct of the person affected; and (b) conditions specifying the action to be taken by the person to rectify the consequences of the failure the subject of the application under this section. (7) A person who contravenes an order under this section is guilty of