215Enforceable undertaking

215 Enforceable undertaking (1) An undertaking under this Division is an enforceable promise given by a person who is alleged to have contravened this Act, in exchange for the stay of any proceedings in respect of the contravention, to do one or more of the following: (a) to undertake one or more specified projects for the general improvement of electrical work or work health and safety, within the period specified in the undertaking; (b) to notify a person or a class of persons or the general public, as specified in the undertaking, the contravention and its consequences; (c) to not commit, during the period specified in the undertaking, any offence against this Act or the Work Health and Safety (National Uniform Legislation) Act 2011; (d) to do or refrain from doing any action related to electrical safety specified in the undertaking; (e) to pay the reasonable costs of the Electrical Safety Regulator related to the alleged contravention, the undertaking and ensuring future compliance by the person; (f) any related matters.

Electrical Safety Act 2022 118 (2) An undertaking may contain any terms and conditions that the Electrical Safety Regulator considers necessary to promote the purposes of this Act or to ensure compliance with this Act. (3) An undertaking must include time limits for the performance of any obligations and a method to monitor compliance with the undertaking. (4) The process of negotiating an undertaking is without prejudice to any party's position.