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Work Health and Safety (National Uniform Legislation) Act 2011
239Release on the giving of a court-ordered WHS undertaking
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239 Release on the giving of a court-ordered WHS undertaking
(1) The court may (with or without recording a conviction) adjourn the
proceeding for a period of up to 2 years and make an order for the
release of the offender on the offender giving an undertaking with
specified conditions (a court-ordered WHS undertaking).
(2) A court-ordered WHS undertaking must specify the following
conditions:
(a) that the offender appears before the court if called on to do so
during the period of the adjournment and, if the court so
specifies, at the time to which the further hearing is adjourned;
Work Health and Safety (National Uniform Legislation) Act 2011 130
(b) that the offender does not commit, during the period of the
adjournment, any offence against this Act;
(c) that the offender observes any special conditions imposed by
(3) An offender who has given a court-ordered WHS undertaking under
this section may be called on to appear before the court by order of
(4) An order under subsection (3) must be served on the offender not
less than 4 days before the time specified in it for the appearance.
(5) If the court is satisfied at the time to which a further hearing of a
proceeding is adjourned that the offender has observed the
conditions of the court-ordered WHS undertaking, it must discharge
the offender without any further hearing of the proceeding.