QLDIn ForceAct
Electrical Safety Act 2002
sec.54AProceeding for alleged contravention
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### sec.54A Proceeding for alleged contravention
Subject to this section, no proceedings for a contravention or alleged contravention of this Act may be taken against a person if an electrical safety undertaking is in effect in relation to the contravention.
No proceedings may be taken for a contravention or alleged contravention of this Act against a person who has made an electrical safety undertaking for the contravention and has completely discharged the electrical safety undertaking.
The regulator may accept an electrical safety undertaking for a contravention or alleged contravention before proceedings for the contravention have been finalised.
If the regulator accepts an electrical safety undertaking before the proceedings are finalised—
the regulator must immediately notify the WHS prosecutor of the acceptance of the undertaking; and
the WHS prosecutor must take all reasonable steps to have the proceedings discontinued as soon as possible.
s 54A ins 2011 No. 18 s 367
amd 2024 No. 44 s 14
(sec.54A-ssec.1) Subject to this section, no proceedings for a contravention or alleged contravention of this Act may be taken against a person if an electrical safety undertaking is in effect in relation to the contravention.
(sec.54A-ssec.2) No proceedings may be taken for a contravention or alleged contravention of this Act against a person who has made an electrical safety undertaking for the contravention and has completely discharged the electrical safety undertaking.
(sec.54A-ssec.3) The regulator may accept an electrical safety undertaking for a contravention or alleged contravention before proceedings for the contravention have been finalised.
(sec.54A-ssec.4) If the regulator accepts an electrical safety undertaking before the proceedings are finalised— the regulator must immediately notify the WHS prosecutor of the acceptance of the undertaking; and the WHS prosecutor must take all reasonable steps to have the proceedings discontinued as soon as possible.
- (a) the regulator must immediately notify the WHS prosecutor of the acceptance of the undertaking; and
- (b) the WHS prosecutor must take all reasonable steps to have the proceedings discontinued as soon as possible.