18QEEnforcing undertakings

18QE Enforcing undertakings

(1) If the Secretary considers that a licensee who gave an undertaking under section 18QD has breached a term of the undertaking, the Secretary may apply to the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) for an order under subsection (2). (2) If the court is satisfied that the licensee has breached a term of the undertaking, the court may make one or more of the following orders: (a) an order directing the licensee to comply with that term of the undertaking; (b) an order directing the licensee to pay to the Commonwealth an amount up to the amount of any financial benefit that the licensee has obtained directly or indirectly and that is reasonably attributable to the breach; (c) any 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.