153 Adverse publicity orders

(1)

A court may make an order (an adverse publicity order) requiring an 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 have been 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, 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 specified in the order 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.

(5)

If the court makes an order under subsection (1), the regulator may recover as a debt due to the regulator in any court of competent jurisdiction any reasonable expenses incurred in taking an action under subsection (3) or (4).

Compare: Model Work Health and Safety Act (Aust) s 236