Section 51: Enforceable undertakings
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
51. Enforceable undertakings
(1) Where a person is unable to comply with the requirements of a direction under any of the relevant Acts, the Commission may accept a written
undertaking from that person in connection with any matter relating to its
functions under the relevant Acts.
(2) Where a person revokes or varies an undertaking under subsection (1), the revocation or variation, as the case may be, shall be of no effect
unless the prior approval of the Commission is obtained.
(3) Without prejudice to such directions as the Commission may issue,
where the Commission considers that the person has breached the undertaking, the Commission may apply to the Judge in Chambers for an order under
this section.
(4) The Judge in Chambers may make—
(a) an order directing the person to comply with the undertaking;
(b) an order directing the person to do a specified act, or refrain
from doing a specified act, for the purposes of—
(i) remedying the effects of the breach;
(ii) compensating persons who have suffered loss because of
the breach; or
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(iii) ensuring that the person does not commit further breaches
of the undertaking or of the relevant Acts;
(c) any other order that the Judge in Chambers considers appropriate.
(5) The Commission shall publish in the Gazette, or make available to any
person who asks for it, a copy of the undertaking.
(6) The Commission shall delete from the copy of the undertaking any information that the person giving the undertaking has requested not to be released, provided that the Commission is satisfied that the information—
(a) is confidential and has a commercial value that would be diminished if it were to be released generally;
(b) should not be disclosed on grounds that it would be against the
interest of the public; or
(c) consists of personal details of an individual.
(7) Where information has been deleted from a copy of an undertaking
under this section, the Commission shall insert a note on the copy stating
that certain information has been deleted.