94  Acceptance of undertakings

             (1)  The System Operator or the Information Commissioner may accept any of the following undertakings:

                     (a)  a written undertaking given by a person that the person will, in order to comply with this Act, take specified action;

                     (b)  a written undertaking given by a person that the person will, in order to comply with this Act, refrain from taking specified action;

                     (c)  a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not contravene this Act, or is unlikely to contravene this Act, in the future.

             (2)  If the System Operator or the Information Commissioner accepts an undertaking, he or she is the recipient of the undertaking for the purposes of this Part.

             (3)  The undertaking must be expressed to be an undertaking under this section.

             (4)  The person may withdraw or vary the undertaking at any time, but only with the written consent of the recipient of the undertaking.

             (5)  A consent under subsection (4) is not a legislative instrument.

             (6)  The recipient of the undertaking may, by written notice given to the person, cancel the undertaking.

             (7)  The recipient of the undertaking may publish a copy of the undertaking on the recipient’s website.

95  Enforcement of undertakings

             (1)  If:

                     (a)  a person has given an undertaking under section 94; and

                     (b)  the undertaking has not been withdrawn or cancelled; and

                     (c)  the recipient of the undertaking considers that the person has breached the undertaking;

the recipient of the undertaking may apply to a Court for an order under subsection (2).

             (2)  If the Court is satisfied that the person has breached the undertaking, the Court may make any or all of the following orders:

                     (a)  an order directing the person to comply with the undertaking;

                     (b)  an order directing the person to pay to the Commonwealth 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.

96  Injunctions

             (1)  If a person has engaged, is engaging or is proposing to engage in any conduct that constituted, constitutes or would constitute a contravention of this Act, a Court may, on the application of the System Operator or the Information Commissioner, grant an injunction:

                     (a)  restraining the person from engaging in the conduct; and

                     (b)  if in the Court’s opinion it is desirable to do so, requiring the person to do any act or thing.

             (2)  If:

                     (a)  a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and

                     (b)  the refusal or failure was, is, or would be a contravention of this Act;

a Court may, on the application of the System Operator or the Information Commissioner, grant an injunction requiring the person to do that act or thing.

             (3)  If an application is made to a Court for an injunction under this section, the Court may, if in the Court’s opinion it is desirable to do so, grant an interim injunction before considering the application, pending the determination of the application.

             (4)  A Court may discharge or vary an injunction granted by the Court under this section.

             (5)  The power of a Court to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:

                     (a)  if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or

                     (b)  if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.

             (6)  The power of a Court to grant an injunction requiring a person (the first person) to do a particular act or thing may be exercised:

                     (a)  if the Court is satisfied that the first person has refused or failed to do that act or thing—whether or not it appears to the court that the first person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or

                     (b)  if it appears to the Court that, if an injunction is not granted, it is likely that the first person will refuse or fail to do that act or thing—whether or not the first person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the first person refuses or fails to do that act or thing.

             (7)  If the System Operator or the Information Commissioner makes an application to a Court for the grant of an injunction under this section, the Court must not require the System Operator, the Information Commissioner or any other person, as a condition of the granting of an interim injunction, to give any undertakings as to damages.

             (8)  The powers conferred on a Court under this section are in addition to, and not in derogation of, any powers of the Court, whether conferred by this Act or otherwise.