QLDIn ForceAct
Introduction Agents Act 2001
sec.89AEnforcement of undertakings
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### sec.89A Enforcement of undertakings
If the chief executive believes, on reasonable grounds, a person has contravened a term of an undertaking given under section 88 , the chief executive may apply to the District Court for an order under this section.
If the court is satisfied that the person has contravened the term, the court may make 1 or more of the following orders—
an order directing the person to comply with the term;
an order directing the person to pay to the State an amount not more than the direct or indirect financial benefit obtained by the person from, and reasonably attributable to, the contravention;
an order directing the person to pay compensation to someone else who has suffered loss or damage because of the contravention;
an order directing the person to give a security bond to the State for a stated period;
another order the court considers appropriate.
The District Court may order the forfeiture to the State of all or part of a security bond given by a person under subsection (2) (d) if—
the chief executive applies to the court for the order; and
the court is satisfied that the person contravened the undertaking during the period for which the bond was given.
s 89A ins 2004 No. 14 s 2 sch
(sec.89A-ssec.1) If the chief executive believes, on reasonable grounds, a person has contravened a term of an undertaking given under section 88 , the chief executive may apply to the District Court for an order under this section.
(sec.89A-ssec.2) If the court is satisfied that the person has contravened the term, the court may make 1 or more of the following orders— an order directing the person to comply with the term; an order directing the person to pay to the State an amount not more than the direct or indirect financial benefit obtained by the person from, and reasonably attributable to, the contravention; an order directing the person to pay compensation to someone else who has suffered loss or damage because of the contravention; an order directing the person to give a security bond to the State for a stated period; another order the court considers appropriate.
(sec.89A-ssec.3) The District Court may order the forfeiture to the State of all or part of a security bond given by a person under subsection (2) (d) if— the chief executive applies to the court for the order; and the court is satisfied that the person contravened the undertaking during the period for which the bond was given.
- (a) an order directing the person to comply with the term;
- (b) an order directing the person to pay to the State an amount not more than the direct or indirect financial benefit obtained by the person from, and reasonably attributable to, the contravention;
- (c) an order directing the person to pay compensation to someone else who has suffered loss or damage because of the contravention;
- (d) an order directing the person to give a security bond to the State for a stated period;
- (e) another order the court considers appropriate.
- (a) the chief executive applies to the court for the order; and
- (b) the court is satisfied that the person contravened the undertaking during the period for which the bond was given.