46AAMatters included in undertakings

1. An undertaking under section 46A may, without limitation, include either or both of the following:

2. an undertaking to pay compensation to any person or otherwise take action to avoid, remedy, or mitigate any actual or likely adverse effects arising from a contravention, or possible contravention, of this Act:
3. an undertaking to pay to the Commission all or part of the Commission’s costs incurred in investigating, or bringing proceedings in relation to, a contravention, or possible contravention, of this Act.

4. If the Commission accepts an undertaking that involves payment of compensation to any person, or payment of the Commission’s costs, the Commission must make the following information publicly available:

5. the amount of the compensation, or of the Commission’s costs, that has been undertaken to be paid; and
6. a brief description of the circumstances and nature of the contravention, or possible contravention, of this Act to which the undertaking relates.

7. In this section, contravention means any of the following:

8. an actual contravention:
9. aiding, abetting, counselling, or procuring a contravention:
10. inducing a contravention, whether by threats, promises, or otherwise:
11. being in any way, directly or indirectly, knowingly concerned in, or party to, a contravention:
12. conspiring with any other person in a contravention.

Notes

• Section 46AA: inserted, on 17 August 2021, by section 13 of the Fair Trading Amendment Act 2021 (2021 No 32).