210AEnforcement of undertakings

#### 210A Enforcement of undertakings 210A Enforcement of undertakings > > (1) The Secretary may accept a written undertaking given by a holder of a licence or certificate of registration in connection with a matter in relation to the following— > > > > > (a) an Act or regulation administered by the Minister, > > > > > (b) a matter for which the Secretary has a function under this Act. > > > (2) Without limiting subsection (1), the Secretary may accept an undertaking to do one or more of the following— > > > > > (a) refrain from conduct that contravenes an Act or regulation administered by the Minister, > > > > > (b) take action to prevent or remedy a contravention of an Act or regulation administered by the Minister, > > > > > (c) take action to resolve a complaint against the licensee or certificate holder, > > > > > (d) pay into the NSW Consumer Law Fund established under the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068), section 79Y an amount not more than the amount of financial benefit that the licensee or certificate holder has obtained directly or indirectly and that is reasonably attributable to a contravention of an Act or regulation administered by the Minister, > > > > > (e) pay the Secretary’s costs in relation to the negotiation and enforcement of the undertaking. > > > (3) The licensee or certificate holder may withdraw or vary the undertaking at any time, but only with the written consent of the Secretary. > > > (4) The consent of the Secretary is required even if the undertaking purports to authorise a withdrawal or variation of the undertaking without that consent. > > > (5) The Secretary may apply to the Supreme Court for an order under subsection (6) if the Secretary considers that the licensee or certificate holder who gave the undertaking has breached any of the undertaking’s terms. > > > (6) The Court may make all or any of the following orders if satisfied that the licensee or certificate holder has breached a term of the undertaking— > > > > > (a) an order directing the licensee or certificate holder to comply with that term of the undertaking, > > > > > (b) an order directing the licensee or certificate holder to pay to the State an amount not more than the amount of financial benefit that the licensee or certificate holder has obtained directly or indirectly and that is reasonably attributable to the breach, > > > > > (c) any order the Court thinks appropriate directing the licensee or certificate holder to compensate a person who has suffered loss or damage as a result of the breach, > > > > > (d) another order the Court considers appropriate. > > **s 210A:** Ins 2024 No 65, Sch 5\[9\].