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Work Health and Safety Act 2011
220Contravention of WHS undertaking
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220 Contravention of WHS undertaking
(1) The regulator may apply to a 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 referred to 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
Territory—
(a) the costs of the proceeding; and
(b) the reasonable costs of the regulator in monitoring compliance
with the WHS undertaking in the future.
(4) Nothing in this section prevents a proceeding being brought for the
contravention or alleged contravention of this Act to which the
WHS undertaking relates.
Note Section 222 specifies circumstances affecting a proceeding for a
contravention for which a WHS undertaking has been given.
Enforceable undertakings Part 11