49NEnforcement of undertakings

49N Enforcement of undertakings (1) This section applies if the ESC Minister considers that a provider of prescribed services whose undertaking has been accepted under section 49M has breached any of its terms. (2) The ESC Minister may apply to the Supreme Court for an order under subsection (4). (3) Before making an application under subsection (2), the ESC Minister must consult with the Minister. (4) If, on an application under subsection (2), the Supreme Court is satisfied that the provider of prescribed services has breached a term of the undertaking, the Court may make all or any of the following orders— (a) an order directing the provider to comply with that term of the undertaking; (b) an order directing the provider to pay to the State an amount up to the amount of any financial benefit that the provider has obtained directly or indirectly and that is reasonably attributable to the breach; (c) any order that the Court considers appropriate directing the provider 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. Pt 3 Div. 2B (Heading and ss 49O, 49P) inserted by No. 10/2016 s. 108.