45Enforcement of undertakings

45 Enforcement of undertakings

45 Enforcement of undertakings

(1) The Monitor may apply to the Supreme Court for an order under subsection (2) if the Monitor considers that a person who has given an undertaking under section 44 has contravened any of the undertaking’s terms.

(2) The Supreme Court may make the following orders if the Court is satisfied the person has contravened a term of the undertaking—

(a) an order directing the person to comply with the term of the undertaking,

(b) an order directing the person to pay to the State an amount not exceeding the amount of monetary benefits the person has obtained directly or indirectly and that is reasonably attributable to the breach,

(c) another order the Court thinks appropriate, including an order directing the person to compensate another person who has suffered loss or damage as a result of the contravention.