QLDIn ForceAct
Petroleum and Gas (Production and Safety) Act 2004
sec.841ECEO may accept enforceable undertaking
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### sec.841E CEO may accept enforceable undertaking
The CEO may accept a written undertaking (an enforceable undertaking ) given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act.
An enforceable undertaking can not be accepted for a contravention or alleged contravention that is—
an offence against section 799K or 799L ; or
an offence involving a breach of an obligation causing death.
The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
The CEO must issue, and publish on a Queensland Government website, general guidelines in relation to the acceptance of enforceable undertakings under this Act.
The CEO may accept an enforceable undertaking in relation to a contravention or alleged contravention, other than a contravention or alleged contravention mentioned in subsection (2) (a) or (b) , before a proceeding in relation to the contravention has been finalised.
If the CEO accepts an enforceable undertaking before the proceeding is finalised—
the CEO must immediately notify the WHS prosecutor; and
the WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.
s 841E ins 2024 No. 34 s 256
(sec.841E-ssec.1) The CEO may accept a written undertaking (an enforceable undertaking ) given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act.
(sec.841E-ssec.2) An enforceable undertaking can not be accepted for a contravention or alleged contravention that is— an offence against section 799K or 799L ; or an offence involving a breach of an obligation causing death.
(sec.841E-ssec.3) The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
(sec.841E-ssec.4) The CEO must issue, and publish on a Queensland Government website, general guidelines in relation to the acceptance of enforceable undertakings under this Act.
(sec.841E-ssec.5) The CEO may accept an enforceable undertaking in relation to a contravention or alleged contravention, other than a contravention or alleged contravention mentioned in subsection (2) (a) or (b) , before a proceeding in relation to the contravention has been finalised.
(sec.841E-ssec.6) If the CEO accepts an enforceable undertaking before the proceeding is finalised— the CEO must immediately notify the WHS prosecutor; and the WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.
- (a) an offence against section 799K or 799L ; or
- (b) an offence involving a breach of an obligation causing death.
- (a) the CEO must immediately notify the WHS prosecutor; and
- (b) the WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.