AustLII Tasmanian Consolidated Acts

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WORKPLACE HEALTH AND SAFETY ACT 1995 - SECT 55A

55A. Enforcement of undertakings

      (1) The Secretary may accept a written undertaking given by a person for the purposes of this section in connection with a matter in respect of which the Secretary has a power or function under this Act.

      (2) The person may withdraw or vary the undertaking at any time, but only with the consent of the Secretary.

      (3) If the Secretary considers that the person who gave the undertaking has contravened any of its terms, the Secretary may apply to the Magistrates Court for an order under subsection (4).

      (4) If the Magistrates Court is satisfied that the person has contravened a term of the undertaking, the Court may make all or any of the following orders:

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

(b) an order directing the person to pay to the Board an amount not exceeding any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the contravention;

(c) an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the contravention;

(d) any other order that the Court considers appropriate.



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