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Fair Trading (Australian Consumer Law) Act 1992
25Enforcement of undertakings
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25 Enforcement of undertakings
(1) If a person fails to comply with a request by the commissioner to give
an undertaking under section 24, the commissioner may apply to the
Magistrates Court for an order under subsection (2).
(2) If the court is satisfied that there were grounds for requesting the
undertaking, the court may make 1 or more of the following orders:
(a) an order directing the person to do something that would have
been required to be done under the undertaking if the
undertaking had been given;
(b) any other order that the court considers appropriate.
(3) If the commissioner considers that a person has breached an
undertaking, the commissioner may apply to the Magistrates Court
for an order under subsection (4).
(4) If the court is satisfied that the person has breached the undertaking,
the court may make 1 or more of the following orders:
(a) an order directing the person to comply with the undertaking;
(b) any other order that the court considers appropriate.
(5) A person commits an offence if the person fails to comply with an
order under this section.
Maximum penalty: 50 penalty units.