Unsolicited Electronic Messages Act 2007

35 Enforcement of undertakings

(1)

If the enforcement department considers that a person who gave an undertaking under section 34 has breached 1 or more of its terms, the enforcement department may apply to the court for an order under subsection (2).

(2)

If the court is satisfied that the person has breached 1 or more of the terms of the undertaking, the court may make any or all of the following orders:

(a)

an order directing the person to comply with the relevant terms of the undertaking:

(b)

an order directing the person to pay to the enforcement department 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:

(c)

any order that the court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach:

(d)

any other order that the court considers appropriate.

Compare: Spam Act 2003 s 39 (Aust)