sec.123EContravention of enforceable undertaking

sec.123E Contravention of enforceable undertaking

The CEO may apply to a Magistrates Court for an order if a person contravenes an enforceable undertaking. If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make— an order directing the person to comply with the undertaking; or an order discharging the undertaking. In addition to the orders mentioned in subsection (2) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the person to pay to the State— the costs of the proceeding; and the reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future. Nothing in this section prevents a proceeding being taken for the contravention or alleged contravention of this Act to which the enforceable undertaking relates. Section 123G specifies circumstances affecting a proceeding for a contravention for which an enforceable undertaking has been given. s 123E ins 2024 No. 34 s 135 (sec.123E-ssec.1) The CEO may apply to a Magistrates Court for an order if a person contravenes an enforceable undertaking. (sec.123E-ssec.2) If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make— an order directing the person to comply with the undertaking; or an order discharging the undertaking. (sec.123E-ssec.3) In addition to the orders mentioned in subsection (2) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the person to pay to the State— the costs of the proceeding; and the reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future. (sec.123E-ssec.4) Nothing in this section prevents a proceeding being taken for the contravention or alleged contravention of this Act to which the enforceable undertaking relates. Section 123G specifies circumstances affecting a proceeding for a contravention for which an enforceable undertaking has been given.

• (a) an order directing the person to comply with the undertaking; or
• (b) an order discharging the undertaking.
• (a) the costs of the proceeding; and
• (b) the reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future.