197Publication by work health and safety commissioner of

197 Publication by work health and safety commissioner of convictions etc (1) This section applies if a person, or a representative of the person, is convicted or found guilty of an offence against this Act in relation to a dangerous substance and— (a) the time for making an appeal against the conviction, or finding of guilt, ends without an application for an appeal being made; or (b) if an appeal is made against the conviction or finding of guilt— (i) the conviction or finding is confirmed on appeal, and the time for making any further appeal in relation to the conviction or finding ends without an application for an appeal being made; or (ii) the appeal is withdrawn, struck out or discontinued or lapses; or (c) if a retrial has been ordered—the time for making an appeal on the retrial ends in accordance with paragraph (a) or (b). (2) The work health and safety commissioner may publish the following information in relation to the conviction or finding of guilt in a way that the work health and safety commissioner considers appropriate: (a) particulars that allow the public to identify the person; (b) details of the offence;

(c) the decision of the court and the penalty imposed on the person or a representative of the person (including the forfeiture of anything under this Act). Examples of publication 1 a press release 2 an article in a document published by the Territory or a territory authority 3 an advertisement in a newspaper circulating in the ACT 4 a public notice 1 the licensee’s name and ACN (if any) 2 any name (and, if relevant, ACN) used in the past by the licensee 3 the licensee’s current and previous business addresses Note 1 For the meaning of found guilty, see the Legislation Act, dict, pt 1. Note 2 Public notice means notice on an ACT government website or in a daily (3) If the conviction or finding of guilt is quashed or set aside on appeal, the information must not be published. (4) If the penalty is changed on appeal, this section applies in relation to the penalty as changed. (5) In this section: representative of the person means— (a) if the person is an individual—an employee or agent of the person; or (b) if the person is a corporation—an employee, agent or executive officer of the person.