s. 67E (a) the Authority may take proceedings for an offence against the provision; and (b) the Authority considers that having regard to the criteria specified in guidelines made under section 67F, an undertaking under this section is an appropriate enforcement mechanism for an offence against the provision. (2) If this section applies, the Authority may enter into a written undertaking with a person referred to in subsection (1). (3) A person may with the consent of the Authority withdraw or vary an undertaking. (4) While an undertaking is in force, proceedings may not be brought for an offence constituted by the contravention or alleged contravention in respect of which the undertaking is given. (5) If a person withdraws an undertaking before the undertaking has been fulfilled, proceedings may be brought for the offence constituted by the contravention or alleged contravention in respect of which the undertaking was given. (6) If a person complies with the requirements of an undertaking, no further proceedings may be brought for an offence constituted by the contravention or alleged contravention in respect of which the undertaking was given. 67E Enforcement of undertakings S. 67E inserted by No. 61/2006 (1) If the Authority considers that the person who s. 63. gave an undertaking under section 67D has breached any of its terms, the Authority may apply to the Magistrates' Court for an order under subsection (2).
(a) the Authority may take proceedings for an offence against the provision; and (b) the Authority considers that having regard to the criteria specified in guidelines made under section 67F, an undertaking under this section is an appropriate enforcement mechanism for an offence against the provision. (2) If this section applies, the Authority may enter into a written undertaking with a person referred to in subsection (1). (3) A person may with the consent of the Authority withdraw or vary an undertaking. (4) While an undertaking is in force, proceedings may not be brought for an offence constituted by the contravention or alleged contravention in respect of which the undertaking is given. (5) If a person withdraws an undertaking before the undertaking has been fulfilled, proceedings may be brought for the offence constituted by the contravention or alleged contravention in respect of which the undertaking was given. (6) If a person complies with the requirements of an undertaking, no further proceedings may be brought for an offence constituted by the contravention or alleged contravention in respect of which the undertaking was given. S. 67E inserted by No. 61/2006 s. 63. 67E Enforcement of undertakings s. 67E (1) If the Authority considers that the person who gave an undertaking under section 67D has breached any of its terms, the Authority may apply to the Magistrates' Court for an order under subsection (2).
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