Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if the chief executive considers the identified person for an operating workplace health and safety undertaking has contravened the undertaking.
(2) The chief executive may apply to an industrial magistrate for an order under this section.
(3) If the magistrate is satisfied the identified person has contravened the undertaking, the magistrate may make 1 or more of the following orders--
(a) an order directing the identified person to comply with the undertaking, or a stated aspect of the undertaking, or to comply with the undertaking, or a stated aspect of the undertaking, in a stated way;
(b) an order directing the person to pay to the State an amount that is not more than the direct or indirect financial benefit obtained by the person from, and reasonably attributable to, the breach;
(c) an order directing the person to give a security bond to the State for a stated period;
(d) another order the magistrate considers appropriate in the circumstances.
(4) A prosecution for the offence of contravening the workplace health and safety undertaking does not prevent the magistrate from making an order under this section on the chief executive's application, even though the prosecution and the order are based on the same facts and circumstances.
(5) The making of an order under this section, unless the order otherwise provides, does not prevent a prosecution for the offence of contravening the workplace health and safety undertaking, even though the order and the prosecution are based on the same facts and circumstances.