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Construction Occupations (Licensing) Act 2004
47IProceeding for contravention or alleged contravention
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47I Proceeding for contravention or alleged contravention
(1) No proceeding may be brought, and no disciplinary action may be
taken, against a person for a contravention, or alleged contravention,
of this Act or an operational Act if a rectification undertaking is in
effect in relation to that contravention.
(2) No proceeding may be brought, and no action in relation to a ground
for occupational discipline may be taken, for a contravention or
alleged contravention of this Act or an operational Act against an
entity that has given a rectification undertaking in relation to the
contravention and who has completely discharged the undertaking.
(3) The registrar may accept a rectification undertaking in relation to a
contravention or alleged contravention before a proceeding or action
in relation to a ground for occupational discipline in relation to the
contravention has been finalised.
(4) If the registrar accepts a rectification undertaking before the
proceeding or action in relation to a ground for occupational
discipline is finalised, the registrar must take all reasonable steps to
have the proceeding or action discontinued.