sec.71Enforcement of undertakings

sec.71 Enforcement of undertakings

If the commissioner believes, on reasonable grounds, an inbound tour operator or tour guide (the undertaker ) has contravened a term of an undertaking accepted by the commissioner, the commissioner may apply to the District Court for an order under this section. If the court is satisfied the undertaker has contravened the term, the court may make 1 or more of the following orders— an order directing the undertaker to comply with the term; an order directing the undertaker to pay to the State an amount that is not more than the direct or indirect financial benefit obtained by the undertaker from, and reasonably attributable to, the contravention; an order directing the undertaker to pay compensation to someone else who has suffered loss or damage because of the contravention; an order directing the undertaker to give a security bond to the State for a stated period; another order the court considers appropriate. The court may order the forfeiture to the State of all or part of a security bond given by an undertaker under subsection (2) (d) if— the commissioner applies to the court for the order; and the court is satisfied the undertaker contravened the term of the undertaking during the period for which the bond was given. (sec.71-ssec.1) If the commissioner believes, on reasonable grounds, an inbound tour operator or tour guide (the undertaker ) has contravened a term of an undertaking accepted by the commissioner, the commissioner may apply to the District Court for an order under this section. (sec.71-ssec.2) If the court is satisfied the undertaker has contravened the term, the court may make 1 or more of the following orders— an order directing the undertaker to comply with the term; an order directing the undertaker to pay to the State an amount that is not more than the direct or indirect financial benefit obtained by the undertaker from, and reasonably attributable to, the contravention; an order directing the undertaker to pay compensation to someone else who has suffered loss or damage because of the contravention; an order directing the undertaker to give a security bond to the State for a stated period; another order the court considers appropriate. (sec.71-ssec.3) The court may order the forfeiture to the State of all or part of a security bond given by an undertaker under subsection (2) (d) if— the commissioner applies to the court for the order; and the court is satisfied the undertaker contravened the term of the undertaking during the period for which the bond was given.

• (a) an order directing the undertaker to comply with the term;
• (b) an order directing the undertaker to pay to the State an amount that is not more than the direct or indirect financial benefit obtained by the undertaker from, and reasonably attributable to, the contravention;
• (c) an order directing the undertaker to pay compensation to someone else who has suffered loss or damage because of the contravention;