Work Health and Safety Act 2011
222Proceeding for alleged contravention
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222 Proceeding for alleged contravention (1) Subject to this section, no proceeding for a contravention, or alleged contravention, of this Act may be brought against a person if a WHS undertaking is in effect in relation to that contravention. (2) No proceeding may be brought for a contravention, or alleged contravention, of this Act against a person who has made a WHS undertaking in relation to the contravention and has completely discharged the WHS undertaking. (3) The regulator may accept a WHS undertaking in relation to a contravention, or alleged contravention, before a proceeding in relation to the contravention has been finalised. (4) If the regulator accepts a WHS undertaking before the proceeding is finalised, the regulator must take all reasonable steps to have the proceeding discontinued as soon as possible.