Victorian Current Acts

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Authority may apply for Court order if undertaking breached

    (1)     If the Authority considers that a person has breached any of the terms of an undertaking given by the person under section 4.3.3A, the Authority may apply to the Magistrates' Court for an order under subsection (2).

    (2)     If the Magistrates' Court is satisfied that the person has breached a term of the undertaking, the Magistrates' Court may make all or any of the following orders—

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

        (b)     any other order that the Magistrates' Court considers appropriate.

    (3)     If a body corporate is found to have breached an undertaking given under section 4.3.3A

        (a)     each officer of the body corporate is deemed to have so breached the undertaking if the officer knowingly authorised or permitted the breach; and

        (b)     the Magistrates' Court may, against the officer, make all or any of the orders set out in subsection (2) that the Magistrates' Court thinks appropriate.

S. 4.3.3E inserted by No. 7/2015 s. 9.

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