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Work Health and Safety (National Uniform Legislation) Act 2011
220Contravention of WHS undertaking
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220 Contravention of WHS undertaking
(1) The regulator may apply to the Work Health Court for an order if a
person contravenes a WHS undertaking.
Work Health and Safety (National Uniform Legislation) Act 2011 115
(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 one 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 proceedings; and
(b) the reasonable costs of the regulator in monitoring compliance
with the WHS undertaking in the future.
(4) Nothing in this section prevents proceedings being brought for the
contravention or alleged contravention of this Act to which the WHS
undertaking relates.
Section 222 specifies circumstances affecting proceedings for a contravention for
which a WHS undertaking has been given.