South Australian Consolidated Acts South Australian Consolidated Acts (1) If the District
Court is satisfied, on the application of the Commissioner, that a person has
in the course of business acted contrary to, or failed to comply with, an
assurance accepted by the Commissioner, the Court may make any or all of the
following orders:
(a) an
order prohibiting the person from engaging in specified conduct;
(b) an
order directing the person to take specified action to comply with the
assurance;
(c) an
order directing the person to pay to the Crown 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 breach of, or non-compliance with, the
assurance;
(d) any
order that the Court considers appropriate directing the person to compensate
any person who has suffered loss or damage as a result of the breach of, or
non-compliance with, the assurance;
(e) any
other order that the Court considers appropriate.
(2) The Court may make
an interim order under subsection (1)(a) pending final determination of
the application.
(3) The Court may, on
the application of the Commissioner or a person, vary or discharge an order
under subsection (1)(a).
(4) An order under
subsection (1)(a) may be made subject to such conditions as the Court
thinks fit.
(5) The Court must not
make an order under this section (other than an interim order) unless
satisfied on the balance of probabilities that proper grounds for the order
have been established.