26Enforceable undertakings

26 Enforceable undertakings

26 Enforceable undertakings

(1) The Minister may accept a written undertaking given by a distributor, retailer or exempt person in connection with compliance with a Social Programs for Energy Code.

(2) The distributor, retailer or exempt person may, with the consent of the Minister, withdraw or vary the undertaking at any time.

(3) If the Minister considers that a distributor, retailer or exempt person that gave the undertaking has breached any of its terms, the Minister may apply to the Local Court for an order under this clause.

(4) If the Local Court is satisfied that the distributor, retailer or exempt person has breached a term of the undertaking, the Court may make all or any of the following orders—

(a) an order directing the distributor, retailer or exempt person to comply with the undertaking,

(b) an order directing the distributor, retailer or exempt person to pay to the State an amount up to the amount of any financial benefit that the distributor, retailer or exempt person has obtained directly or indirectly and that is reasonably attributable to the breach,

(c) any order that the Court considers appropriate directing the distributor, retailer or exempt person to compensate any person who has suffered loss or damage as a result of the breach,

(d) any other order that the Court considers appropriate.