Victorian Current Acts Victorian Current Acts(1) If the Authority considers that a relevant entity has breached any of the terms of an undertaking accepted by the Authority under section 5.8.26, the Authority may apply to the Magistrates' Court for an order under subsection (2).
(2) If the Magistrates' Court is satisfied that the relevant entity has breached a condition of the undertaking, the Magistrates' Court may make all or any of the following orders—
(a) an order directing the relevant entity to comply with the condition of the undertaking;
(b) an order directing the relevant entity to pay to the State an amount up to the amount of any financial benefit that the relevant entity has obtained directly or indirectly and that is reasonably attributable to the breach;
(c) any order that the Magistrates' Court considers appropriate directing the relevant entity to compensate any other person who has suffered loss, injury or damage as a result of the breach;
(d) any other order that the Magistrates' Court considers appropriate.
(3) If a body corporate is found to have breached an undertaking accepted by the Authority under section 5.8.26—
(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.
Pt 5.8 Div. 10 (Heading and s. 5.8.30) inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62).
Division 10—Adverse publicity orders
S. 5.8.30 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62).