WORK HEALTH AND SAFETY ACT 2011 - SECT 220
Contravention of WHS undertaking
WORK HEALTH AND SAFETY ACT 2011 - SECT 220
Contravention of WHS undertaking
220 Contravention of WHS undertaking
(1) The regulator may apply to a Magistrates 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
mentioned 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 State—
(a) the costs of the proceedings; and
(b)
the reasonable costs of the regulator in monitoring compliance with the WHS
undertaking in the future.
(4) Nothing in this section prevents proceedings
being taken for the contravention or alleged contravention of this Act to
which the WHS undertaking relates.
Note—
Section 222specifies
circumstances affecting proceedings for a contravention for which a WHS
undertaking has been given.