Heavy Vehicle National Law (Queensland)
sec.590DContravening undertaking
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sec.590D Contravening undertaking
The promisee may apply to a relevant tribunal or court for an order if the person who made an undertaking fails to comply with the undertaking. If the relevant tribunal or court is satisfied the person has failed to comply with the undertaking, the relevant tribunal or court, as well as imposing any penalty, may make— an order directing the person to comply with the undertaking; or an order discharging the undertaking. Also, the relevant tribunal or court may make any other order that the tribunal or court considers appropriate in the circumstances, including an order directing the person to pay to the State— the costs of the proceeding; and the reasonable costs of the promisee in monitoring whether the person complies with the undertaking in the future. Nothing in this section prevents a proceeding being taken for the contravention or alleged contravention to which the undertaking relates. s 590D ins 2016 No. 65 s 96 (sec.590D-ssec.1) The promisee may apply to a relevant tribunal or court for an order if the person who made an undertaking fails to comply with the undertaking. (sec.590D-ssec.2) If the relevant tribunal or court is satisfied the person has failed to comply with the undertaking, the relevant tribunal or court, as well as imposing any penalty, may make— an order directing the person to comply with the undertaking; or an order discharging the undertaking. (sec.590D-ssec.3) Also, the relevant tribunal or court may make any other order that the tribunal or court considers appropriate in the circumstances, including an order directing the person to pay to the State— the costs of the proceeding; and the reasonable costs of the promisee in monitoring whether the person complies with the undertaking in the future. (sec.590D-ssec.4) Nothing in this section prevents a proceeding being taken for the contravention or alleged contravention to which the undertaking relates.
- (a) an order directing the person to comply with the undertaking; or
- (b) an order discharging the undertaking.
- (a) the costs of the proceeding; and
- (b) the reasonable costs of the promisee in monitoring whether the person complies with the undertaking in the future.