Queensland Consolidated Acts

COAL MINING SAFETY AND HEALTH ACT 1999 - SECT 267P

267P Contravention of enforceable undertaking

(1) The CEO may apply to a Magistrates Court for an order if a person contravenes an enforceable undertaking.

(2) If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make—

(a) an order directing the person to comply with the undertaking; or

(b) an order discharging the undertaking.

(3) In addition to the orders mentioned in subsection (2) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the person to pay to the State—

(a) the costs of the proceeding; and

(b) the reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future.

(4) Nothing in this section prevents a proceeding being taken for the contravention or alleged contravention of this Act to which the enforceable undertaking relates.

Note—

Section 267R specifies circumstances affecting a proceeding for a contravention for which an enforceable undertaking has been given.