75MEnforcement of undertaking

75M Enforcement of undertaking (1) If the Secretary considers that a person who gave an undertaking under section 75L has contravened any of its terms, the Secretary may apply to the Magistrates' Court for an order under subsection (2). (2) If the Magistrates' Court is satisfied that the person has contravened a term of the undertaking, the Magistrates' Court may make any of the following orders— (a) an order directing the person to comply with the term of the undertaking; (b) an order that the person carry out any specified action for the purpose of complying with the undertaking; (c) any other order that the Magistrates' Court considers appropriate in the circumstances. (3) If a person fails to comply with an order made under subsection (2), the Secretary may give the person a written notice advising the person that the Secretary intends to carry out the specified action that remains to be carried out under the order unless the person satisfies the Secretary that the person will carry out the action within a period of time acceptable to the Secretary. (4) A person who is given a written notice under subsection (3) must respond to it within 14 days after being given the notice. (5) If a person who is given a notice under subsection (3) fails to give the Secretary a satisfactory response within 14 days after being given the notice, or fails to comply with any undertaking given to the Secretary in response to the notice, the Secretary— (a) may do any thing that is necessary or expedient to carry out the specified action that remains to be carried out under the order and that it is still practicable to carry out; and (b) may publicise the failure of the person to comply with the order. (6) Subsections (3), (4) and (5) do not prevent a finding that the person is in contempt of court for failing to comply with an order made under subsection (2). (7) If a person is found in contempt of court for failing to comply with an order made under subsection (2), the Secretary— (a) may do any thing that is necessary or expedient to carry out the specified action that remains to be carried out under the order and that it is still practicable to carry out; and (b) may publicise the failure of the person to comply with the order. (8) The Secretary may recover any reasonable cost the Secretary incurs in taking action under subsection (5) or (7) as a debt due to the Secretary and payable by the person against whom the order is made under subsection (2). S. 75N inserted by No. 24/2024 s. 22.