Clause 106

Where the Authority is required to be satisfied that any applicant for a licence or an approval, or any other person connected to the application, is suitable or qualified for the purposes of the licence or approval, the burden of proving that suitability or qualification shall be on the applicant and each other person connected to the application, as the case may be.(2) For the purposes of meeting any costs arising out of investigations in connection with the suitability of any person to be granted or to continue to hold a licence or an approval, the Authority may, by notice in writing, require the applicant for or the holder of any licence or approval granted under this Act to furnish to the Authority a deposit or pre-payment of such amount as the Authority may determine.Security deposit185C. The Authority may, by notice in writing, require the holder of any licence or approval granted under this Act to furnish to the Authority a performance bond, deposit or some other form of security of such amount as the Authority may determine for the purpose of meeting any financial penalty arising out of any disciplinary proceedings commenced or likely to commence against the holder of the licence or approval.Enforceable undertakings185D.—

The Authority may accept a written undertaking given by a holder of any licence or approval granted by the Authority under this Act (referred to in this section as a licensed or approved person), in connection with any matter within the powers and functions of the Authority under this Act.(2) Without limiting the matters to which the written undertaking may relate, the undertaking may include any of the following:

an undertaking to take specified action within a specified time;

an undertaking to refrain from taking specified action;

an undertaking to compensate a specified person a specified amount within a specified time.(3) A licensed or approved person may vary or withdraw any written undertaking given by that person only with the permission of the Authority in writing.(4) If the Authority is satisfied that any licensed or approved person has failed to comply with any term of the written undertaking given by that person, the Authority may apply to a court for an order under subsection (5).(5) If the court is satisfied that any licensed or approved person has failed to comply with any term of the written undertaking given by that person, the court may make an order directing the licensed or approved person to comply with the term or terms of the undertaking, or any other order that the court considers appropriate for the purposes of this Act.”.