106Undertakings by licence holder

#### 106 Undertakings by licence holder 106 Undertakings by licence holder > > (1) If it appears to the Secretary that a licence holder has, in the course of business, repeatedly engaged in unjust conduct, the Secretary may, with the consent of the Minister— > > > > > (a) request the licence holder to execute a deed in terms approved by the Secretary under which the licence holder gives undertakings as to— > > > > > > > (i) the discontinuance of the unjust conduct, and > > > > > > > (ii) the licence holder’s future conduct, and > > > > > > > (iii) the action the licence holder will take to rectify the consequences of the licence holder’s unjust conduct, or > > > > > (b) apply to the Tribunal under this Division. > > > (2) If the Secretary makes a request or application under this section, it is presumed, unless the contrary is proved, that the Secretary does so with the authority of the Minister. > > > (3) The following actions must not be taken against a licence holder, in respect of conduct the subject of undertakings in a deed approved under this section, if the licence holder observes the undertakings— > > > > > (a) disciplinary action under this Act, > > > > > (b) an application to the Tribunal for an order under this Division. > > > (4) A licence holder who executes a deed under this Division must observe the undertakings given by the licence holder in the deed. > > > > Maximum penalty—20 penalty units. > > > (5) A prosecution for an offence under subsection (4) may be instituted only by the Secretary with the leave of the Tribunal given when making an order under section 108.