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Work Health and Safety (National Uniform Legislation) Act 2011
236Adverse publicity orders
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236 Adverse publicity orders
(1) The court may make an order (an adverse publicity order) in
relation to the offender requiring the offender:
(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, 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, its
consequences, the penalty imposed and any other
related matter; and
(b) to give the regulator, within 7 days after the end of the period
specified in the order, evidence that the action or actions were
taken by the offender in accordance with the order.
(2) The court may make an adverse publicity order on its own initiative
or on the application of the person prosecuting the offence.
(3) If the offender fails to give evidence to the regulator in accordance
with subsection (1)(b), the regulator, or a person authorised in
writing by the regulator, may take the action or actions specified in
the order.
(4) However, if:
(a) the offender gives evidence to the regulator in accordance
with subsection (1)(b); and
Work Health and Safety (National Uniform Legislation) Act 2011 129
(b) despite that evidence, the regulator is not satisfied that the
offender has taken the action or actions specified in the order
in accordance with the order;
the regulator may apply to the court for an order authorising the
regulator, or a person authorised in writing by the regulator, to take
the action or actions.
(5) If the regulator or a person authorised in writing by the regulator
takes an action or actions in accordance with subsection (3) or an
order under subsection (4), the regulator is entitled to recover from
the offender, by action in a court of competent jurisdiction, an
amount in relation to the reasonable expenses of taking the action
or actions as a debt due to the regulator.