Queensland Consolidated Acts

EXPLOSIVES ACT 1999 - SECT 123A

123A CEO may accept enforceable undertaking

(1) The CEO may accept a written undertaking (an
"enforceable undertaking" ) given by a person in connection with a matter relating to a contravention or alleged contravention of this Act by the person.

(2) An enforceable undertaking can not be accepted for a contravention or alleged contravention that is—

(a) an offence against section 54C or 54D ; or

(b) an offence causing death.

(3) The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving the undertaking in relation to the contravention or alleged contravention to which the undertaking relates.

(4) The CEO must issue, and publish on a Queensland Government website, general guidelines in relation to the acceptance of enforceable undertakings under this Act.

(5) The CEO may accept an enforceable undertaking in relation to a contravention or alleged contravention, other than a contravention or alleged contravention that is an offence mentioned in subsection (2) (a) or (b) , before a proceeding in relation to the contravention has been finalised.

(6) If the CEO accepts an enforceable undertaking before the proceeding is finalised—

(a) the CEO must immediately notify the WHS prosecutor; and

(b) the WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.