Victorian Current Acts Victorian Current ActsS. 234B(1) amended by No. 21/2017 s. 89(1).
(1) The Authority may accept a written undertaking given by a person in connection with a matter in relation to which the Authority has a function under this Act.
(2) The person may withdraw or vary an undertaking at any time, if the person has first obtained the consent of the Authority.
(3) If the Authority considers that the person who gave the undertaking has failed to comply with any of its terms, the Authority may apply to a court for an order under subsection (4).
(4) If a court is satisfied that the person has failed to comply with 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;
S. 234B(4)(b) amended by No. 21/2017 s. 89(2).
(b) an order directing the person to carry out building work, protection work or plumbing work;
(c) an order directing the person to pay to the State 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 failure to comply;
(d) any order that the court considers appropriate directing the person to compensate any other person who has suffered loss, injury or damage as a result of the failure to comply;
(e) any other order that the court considers appropriate.
(5) If a body corporate is found to have failed to comply with an undertaking, each officer of the body corporate is taken to have so failed to comply with the undertaking if the officer knowingly authorised or permitted the failure and the court may, against the officer, make all or any of the orders set out in subsection (4) that the court thinks appropriate.
S. 234C inserted by No. 15/2016 s. 54.