Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-2 - ENFORCEMENT POWERS  

Division 90 - Enforceable undertakings  

SECTION 90-15   ENFORCEMENT OF UNDERTAKINGS  

90-15(1)    
If:

(a)    the Commissioner has been given an undertaking under section 90-10 ; and

(b)    the undertaking has not been withdrawn or cancelled; and

(c)    the Commissioner considers that the entity that gave the undertaking has breached the undertaking;

the Commissioner may apply to a designated court for an order under subsection (2) .

90-15(2)    
The court may make any or all of the orders mentioned in subsection (3) if it is satisfied that:

(a)    the entity has breached the undertaking; and

(b)    the entity is still a registered entity; and

(c)    if the Commissioner was given the undertaking under subsection 90-10(1) (undertakings by federally regulated entities) - the entity is still a federally regulated entity.

90-15(3)    
The orders are as follows:

(a)    an order directing the entity to comply with the undertaking;

(b)    an order directing the entity to pay to the Commonwealth an amount up to the amount of any financial benefit that the entity has obtained directly or indirectly and that is reasonably attributable to the breach;

(c)    any order that the court considers appropriate directing the entity to compensate any other entity that has suffered loss or damage as a result of the breach;

(d)    any other order that the court considers appropriate.