8Enforceable undertakings

8 Enforceable undertakings

8 Enforceable undertakings

(1) The Minister may accept a written undertaking given by a retailer, exempt person or reticulator in connection with compliance with the Code.

(2) The retailer, exempt person or reticulator may, with the consent of the Minister, withdraw or vary an undertaking.

(3) The Minister may apply to the Local Court for an order under this section if, in the Minister’s opinion, a term of an undertaking has been breached.

(4) If the Local Court is satisfied a retailer, exempt person or reticulator has breached a term of an undertaking, the Court may make 1 or more of the following orders—

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

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

(c) an order the Court considers appropriate directing the retailer, exempt person or reticulator to compensate other persons who have suffered loss or damage as a result of the breach,

(d) other orders the Court considers appropriate.