92Enforceable undertakings

#### 92 Enforceable undertakings 92 Enforceable undertakings > > (1) The Tribunal may accept a written undertaking given by the holder of a licence for the purposes of this section in connection with the contravention by the holder of a requirement of this Act, the regulations under this Act or the conditions of the licence. > > > (2) A person may withdraw or vary the undertaking at any time, but only with the consent of the Tribunal. > > > (3) A person must not breach any term of an undertaking given by the person for the purposes of this section. > > > > Maximum penalty—5,000 penalty units. > > > (4) If the Tribunal considers that a person has breached any term of an undertaking given by the person for the purposes of this section, the Tribunal may apply to the Supreme Court for an order under this section. > > > (5) If the Supreme Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all 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 the State an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach, > > > > > (c) an 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. > > > (6) A person may be proceeded against and convicted for an offence under this section whether or not an order under this section has been applied for or made in connection with the breach concerned. > > > (7) The Tribunal must keep a register on its website of undertakings given for the purposes of this section. > > **s 92:** Am 1996 No 30, Sch 1.16 \[3\]; 1996 No 121, Sch 1.3 \[2\]. Subst 2000 No 109, Sch 1 \[52\]. Am 2001 No 18, Sch 2 \[4\]. Rep 2012 No 38, Sch 1 \[79\]. Ins 2015 No 5, Sch 8.7 \[29\].