South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - SECT 222

222—Proceeding for alleged contravention

        (1)         Subject to this section, no proceedings 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 proceedings 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 proceedings in relation to the contravention have been finalised.

        (4)         If the regulator accepts a WHS undertaking before the proceedings are finalised, the regulator must take all reasonable steps to have the proceedings discontinued as soon as possible.