CIVIL AVIATION ACT 1988 - SECT 30DK Enforceable voluntary undertakings
CIVIL AVIATION ACT 1988 - SECT 30DK
Enforceable voluntary undertakings(1) CASA may accept a written undertaking given by the holder of a civil aviation authorisation in connection with a matter:
(a) arising under this Act or the regulations; and
(b) in relation to which CASA has a function or power under this Act or the regulations.
(2) The period for which the undertaking applies must not exceed 12 months . However, CASA may accept a further undertaking from the holder.
(3) The undertaking must not require, or have the effect of requiring, the holder to pay money to CASA.
(4) CASA must publish details of the undertaking on the i nternet .
(5) The holder may withdraw or vary the undertaking at any time, but only with the consent of CASA.
(6) If CASA considers that the holder has breached any of the terms of the undertaking, CASA may apply to the Federal Court for an order under subsection ( 7).
(7) If the Federal Court is satisfied that the holder has breached a term of the undertaking, the Court may make all or any of the following orders:
(a) an order directing the holder to comply with that term of the undertaking;
(b) an order directing the holder to pay to the Commonwealth an amount up to the amount of any financial benefit that the holder has obtained directly or indirectly and that is reasonably attributable to the breach of the undertaking;
(c) any other order that the Court considers appropriate.