WORK HEALTH AND SAFETY ACT 2011 - SECT 220 Contravention of WHS undertaking

WORK HEALTH AND SAFETY ACT 2011 - SECT 220

    (1)     The regulator may apply to a court for an order if a person contravenes a WHS undertaking.

    (2)     If the court is satisfied that the person who made the WHS undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make 1 or both of the following orders:

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

        (b)     an order discharging the undertaking.

    (3)     In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the Territory—

        (a)     the costs of the proceeding; and

        (b)     the reasonable costs of the regulator in monitoring compliance with the WHS undertaking in the future.

    (4)     Nothing in this section prevents a proceeding being brought for the contravention or alleged contravention of this Act to which the WHS undertaking relates.

Note     Section 222 specifies circumstances affecting a proceeding for a contravention for which a WHS undertaking has been given.