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WORK HEALTH AND SAFETY ACT 2011 - SECT 220
Contravention of WHS undertaking
(1) The regulator may apply to the
Industrial 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 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 State-- (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.
Note--: Section 222 specifies circumstances affecting proceedings for a
contravention for which a WHS undertaking has been given.
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