116. Enforcement of an undertaking.
(1) Subject to subsection (2), the Commission or a person may apply to a court for the enforcement of
a registered undertaking against the person providing the undertaking if an undertaking has not been
complied with.
(2) If a sum of money is payable by any person, or where anything, other than the payment of money,
is required to be done or not to be done by any person because of any direction given by the
Commission under section 112, and the direction has not been complied with by the person to whom
it is addressed, then the direction shall, for all purposes, be enforceable as if the direction is a
judgement of the High Court, in accordance with such rules of court as may be applicable or in such
manner as the Court may deem just or expedient provided that a certificate has been issued by the
Commission to the complainant for leave to proceed to the Court for the enforcement of a registered
undertaking except in the case of an injunction.
(3) No certificate is required if an action is taken by the Commission under this section.
Chapter 12 - Regulatory Forbearance
117. Regulatory forbearance.
(1) Notwithstanding anything contained in this Act, the Minister may, on the recommendation of the
Commission, direct the Commission to forbear from applying any provision of this Act or its subsidiary
legislation to a licensee or class of licensees, or to a person or class of persons, if the Minister
determines that—
(a) the enforcement of such provision is not necessary to ensure the achievement of the
objects of this Act;
(b) the enforcement of such provision is not necessary for the protection of consumers;
(c) the forbearance from applying such provision is consistent with the national interest; and
(d) the forbearance from applying such provision will not impede the administration of this Act.
(2) The direction by the Minister shall be made in accordance with section 7.
118. Determination by the Minister.
(1) The Minister shall consider the written recommendation of the Commission before making a
determination, in accordance with section 10, to forbear from applying the relevant provisions of this
Act or its subsidiary legislation.
(2) The Minister shall provide a written notice as soon as practicable of his determination on whether
to forbear from applying such provision and the reasons for his determination.
(3) If the Minister determines to forbear from applying a provision of this Act or its subsidiary
legislation, the Minister shall publish the notice of forbearance in the form of an exemption order in the
Gazette.
(4) An exemption determined under subsection (3) may or may not be subject to any conditions.