Mining Act 1992
378ZFHProceeding for alleged contravention
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378ZFH Proceeding for alleged contravention
378ZFH Proceeding for alleged contravention
(1) Subject to this section, no proceedings for a contravention or alleged contravention of this Act may be brought against a person if the person has made an enforceable undertaking in relation to that contravention and the enforceable undertaking is in effect.
(2) No proceedings may be brought for a contravention or alleged contravention of this Act against a person who has made an enforceable undertaking in relation to that contravention and has completely discharged the enforceable undertaking.
(3) The Secretary may accept an enforceable undertaking in relation to a contravention or alleged contravention before proceedings in relation to that contravention have been finalised.
(4) If the Secretary accepts an enforceable undertaking before the proceedings are finalised, the Secretary must take all reasonable steps to have the proceedings discontinued as soon as possible.
s 378ZFH: Ins 2015 No 40, Sch 1 [124]. Am 2017 No 27, Sch 1 [21].