National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-9 - MISCELLANEOUS PROVISIONS RELATING TO COMPLIANCE AND ENFORCEMENT  

Division 2 - Miscellaneous provisions relating to compliance and enforcement  

SECTION 322   ENFORCEMENT OF UNDERTAKINGS  

322(1)   [ Undertakings]  

ASIC may accept a written undertaking given by a person in connection with a matter in relation to which ASIC has a function or power under the Commonwealth credit legislation.

322(2)   [ Withdrawal and variation]  

The person may withdraw or vary the undertaking at any time, but only with ASIC ' s consent.

322(3)   [ Where breach of terms]  

If ASIC considers that the person who gave the undertaking has breached any of its terms, ASIC may apply to the court for an order under subsection (4).

322(4)   [ Court ' s power to make orders]  

If the court is satisfied that the person has breached a term of the undertaking, the court may make all or any of the following orders:

(a) an order directing the person to comply with that term of the undertaking;

(b) an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person 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.