- (a) the commitment is no longer binding on the person who made it; and
- (b) subject to subsection (4), the Commission may—
- (i) commence an investigation; or
- (ii) bring proceedings in the Tribunal,
with respect to any alleged contravention of the relevant competition rule that has occurred after the date specified in the notice given under subsection (1).
(4) The Commission may not bring proceedings authorized by subsection (3) more than 2 years after the date specified in the notice given under subsection (1).
62. Variation, substitution and release of commitment
(1) At any time after the Commission has accepted a commitment, it may accept from the person who has made it—
- (a) a variation of the commitment; or
- (b) a new commitment in substitution for it,
if it is satisfied that the variation or new commitment will address its concerns about a possible contravention of a competition rule.
(2) The Commission may release any person from a commitment that the person has made under this Part if—
- (a) it is requested to do so by that person; or
- (b) it has reasonable grounds for believing that its concerns about the alleged contravention of the competition rule no longer arise.
63. Enforcement of commitment
(1) If the Commission considers that a person has failed to comply with any commitment that the person has made under this Part (including a commitment to comply with the requirements of an infringement notice) and which has been accepted by the Commission, it may apply to the Tribunal for an order under subsection (2).
(2) If the Tribunal is satisfied that a person has failed to comply with a commitment that the person has made under this Part and which has been accepted by the Commission, the Tribunal may make all or any of the following orders—
- (a) an order directing the person to take such action or refrain from taking such action, as is specified in the commitment;
