sec.59AEnforceable undertakings

sec.59A Enforceable undertakings

The AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the AER has a function or power under this Law or the Rules. A person may withdraw or vary the undertaking at any time, but only with the consent of the AER. If the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under subsection (4) . If the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders: an order directing the person to comply with that term of the undertaking; an order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach; an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach; any other order that the Court considers appropriate. s 59A ins 2011 No. 7 (SA) s 29 (sec.59A-ssec.1) The AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the AER has a function or power under this Law or the Rules. (sec.59A-ssec.2) A person may withdraw or vary the undertaking at any time, but only with the consent of the AER. (sec.59A-ssec.3) If the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under subsection (4) . (sec.59A-ssec.4) If the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders: an order directing the person to comply with that term of the undertaking; an order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach; an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach; any other order that the Court considers appropriate.

• (a) an order directing the person to comply with that term of the undertaking;
• (b) an order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach;
• (c) an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;
• (d) any other order that the Court considers appropriate.