Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if a court finds a corporation guilty of an offence against section 49C.
(2) In addition to or instead of any other penalty the court may impose on the corporation, the court may order the corporation to do 1 or more of the following:
(a) take any action stated by the court to publicise—
(i) the offence; and
(ii) the deaths or serious injuries or other consequences resulting from or related to the conduct from which the offence arose; and
(iii) any penalties imposed, or other orders made, because of the offence;
(b) take any action stated by the court to notify 1 or more stated people of the matters mentioned in paragraph (a);
(c) do stated things or establish or carry out a stated project for the public benefit even if the project is unrelated to the offence.
Example for par (a)
advertise on television or in a daily newspaper
Example for par (b)
publish a notice in an annual report or distribute a notice to shareholders of the corporation
Example for par (c)
develop and operate a community service
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) In making the order, the court may state a period within which the action must be taken, the thing must be done or the project must be established or carried out, and may also impose any other requirement that it considers necessary or desirable for enforcement of the order or to make the order effective.
(4) The total cost to the corporation of compliance with an order or orders under subsection (2) in relation to a single offence must not be more than $5 000 000 (including any fine imposed for the offence).
(5) If the court decides to make an order under subsection (2), it must, in deciding the kind of order, take into account, as far as practicable, the financial circumstances of the corporation and the nature of the burden that compliance with the order will impose.
(6) The court is not prevented from making an order under subsection (2) only because it has been unable to find out the financial circumstances of the corporation.
(7) If a corporation fails, without reasonable excuse, to comply with an order under subsection (2) (a) or (b) within the stated period (if any) the court may, on application by the regulator under the Work Health and Safety Act 2011 , by order authorise the director-general—
(a) to do anything that is necessary or convenient to carry out any action that remains to be done under the order and that it is still practicable to do; and
(b) to publicise the failure of the corporation to comply with the order.
(8) If the court makes an order under subsection (7), the director-general must comply with the order.
(9) Subsection (7) does not prevent contempt of court proceedings from being started or continued against a corporation that has failed to comply with an order under this section.
(10) The reasonable cost of complying with an order under subsection (7) is a debt owing to the Territory by the corporation against which the order was made.