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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.