Queensland Consolidated Acts

MINING AND QUARRYING SAFETY AND HEALTH ACT 1999 - SECT 249C

249C 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 stated in the order—

(i) to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;

(ii) to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and

(b) to give the CEO, within 7 days after the end of the period stated 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 the court’s own initiative or on the application of the person prosecuting the offence.

(3) If the offender fails to give evidence to the CEO as provided under subsection (1) (b) , the CEO, or a person authorised in writing by the CEO, may take the action or actions stated in the order.

(4) However, if—

(a) the offender gives evidence to the CEO as provided under subsection (1) (b) ; and

(b) despite that evidence, the CEO is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order;

the CEO may apply to the court for an order authorising the CEO, or a person authorised in writing by the CEO, to take the action or actions.

(5) If the CEO, or a person authorised in writing by the CEO, takes an action or actions under subsection (3) or under an order under subsection (4) , the CEO 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 CEO.