220—Contravention of WHS undertaking
(1) The regulator may
apply to the Magistrates 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 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.