Australian Capital Territory Current Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 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.



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