Commonwealth Numbered Acts

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NAVIGATION ACT 2012 (NO. 128, 2012) - SECT 307

Enforcement of undertakings

             (1)  AMSA may apply to an eligible court for an order under subsection (2) if:

                     (a)  a person has given an undertaking; and

                     (b)  the undertaking has been accepted under section 306 and has not been withdrawn or cancelled; and

                     (c)  AMSA considers that the person has breached the undertaking.

             (2)  If the eligible court is satisfied that the person has breached the undertaking, the eligible court may make any or all of the following orders:

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

                     (b)  an order directing the person to pay to AMSA 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 eligible 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 eligible court considers appropriate.


 

   



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