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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 21 July 2017 at 20:47)
Part 13 Division 2 Section 236
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
(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.