258Effect on prosecution and disciplinary action

258 Effect on prosecution and disciplinary action (1) Subject to this section, no prosecution or disciplinary action for an alleged contravention of this Act may be commenced or continued against a person if an undertaking in relation to the contravention: (a) is in effect; or (b) is completely discharged. (2) The giving of an undertaking does not constitute an admission of guilt by the person giving it in relation to the alleged contravention or offence. (3) After accepting an undertaking from a person, the Commission must take reasonable steps to have any prosecution or disciplinary action against the person discontinued as soon as possible. (4) A prosecution and disciplinary action may be instituted or resumed against a person who gave an undertaking in respect of the alleged contravention or offence if the undertaking is not complied with. (5) The Commission must give a written notice to the person who gave the undertaking stating whether the undertaking was or was not complied with.

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