216Acceptance of undertaking

216 Acceptance of undertaking (1) The Electrical Safety Regulator may accept an undertaking for an alleged contravention after a prosecution for the alleged contravention has commenced. (2) The Electrical Safety Regulator must consider the following before accepting an undertaking: (a) the nature and gravity of the conduct; (b) the maximum penalty provided for the alleged contravention; (c) the benefits of the proposed undertaking and the public interest; (d) the interests of justice; (e) any other factor that the Electrical Safety Regulator considers relevant. Section 223 allows the Electrical Safety Regulator to make guidelines about accepting undertakings. (3) An undertaking must not be accepted unless it provides safety benefits for the workplace, the electricity industry and the community. (4) An undertaking must not be accepted for a contravention or an alleged contravention that is: (a) a category 1 offence; or (b) industrial manslaughter under section 34B of the Work Health and Safety (National Uniform Legislation) Act 2011. (5) The Electrical Safety Regulator must give written notice to the person whether or not the person's undertaking is accepted.

Electrical Safety Act 2022 119 (5) A decision by the Electrical Safety Regulator to not accept an undertaking is not subject to review under Part 10, Division 1.