222Adverse publicity orders

222 Adverse publicity orders

Scope (1) This section applies if a court: (a) finds a body corporate guilty of an offence against a provision of this Act, whether or not the court convicts the body corporate of the offence; or (b) finds a body corporate guilty of an offence against section 6 of the Crimes Act 1914 (whether or not the court convicts the body corporate of the offence) in relation to an offence referred to in paragraph (a) of this subsection; or (c) orders a body corporate to pay a civil penalty for a contravention of a provision of this Act.

Note: For ancillary offences, see section 11.6 of the Criminal Code.

Order by court (2) The court may make an order (an adverse publicity order): (a) on the application of the person prosecuting the offence or taking the action to obtain a civil penalty order; and (b) in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence or contravention. An application may only be made within 6 years after the commission of the offence or the contravention. (3) An adverse publicity order may require the body: (a) to take either or both of the following actions within the period specified in the order: (i) to publicise, in the way specified in the order, the offence or civil penalty order, its consequences, the penalty imposed and any other related matter; (ii) to notify a specified person or specified class of persons, in the way specified in the order, of the offence or civil penalty order, its consequences, the penalty imposed and any other related matter; and (b) to give the Regulator or the Registrar (as specified in the order), within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the body in accordance with the order. Failing to give evidence (4) If the body fails to give evidence in accordance with paragraph (3)(b), the Regulator or the Registrar (as the case requires) may take the action or actions specified in the order. Action not in accordance with order (5) The Regulator or the Registrar (as the case requires) (the applicant) may apply to a court for an order authorising the applicant, or a person authorised in writing by the applicant, to take the action or actions if: (a) the body gives evidence to the applicant in accordance with paragraph (3)(b); but (b) despite that evidence, the applicant is not satisfied that the body has taken the action or actions specified in the order in accordance with the order. (6) If the Regulator takes one or more actions under subsection (4) or actions authorised by an order under subsection (5), the Regulator is entitled to recover from the body, by action in a court, an amount in relation to the reasonable expenses of taking the actions as a debt due to the Regulator. (7) If the Registrar takes one or more actions under subsection (4) or actions authorised by an order under subsection (5), the Registrar is entitled to recover from the body, by action in a court, an amount in relation to the reasonable expenses of taking the actions as a debt due to the Registrar on behalf of the Commonwealth.