Queensland Numbered Acts Queensland Numbered ActsAfter Part 10.1—
insert—
590A Accepting undertaking(1) This section applies if a person contravenes or is alleged to have contravened this Law, other than section 26F.(2) The Regulator or an authorised officer (the
"promisee" ) may accept an undertaking made by the person in relation to the contravention or alleged contravention.(3) The undertaking must be in the approved form.(4) The promisee may accept the undertaking only if the promisee reasonably believes the undertaking will ensure the person complies with this Law.(5) The promisee may accept the undertaking at any time before the proceeding for the contravention, or alleged contravention, ends.(6) If the promisee accepts an undertaking before the proceeding ends, the promisee must use reasonable diligence to have the proceeding discontinued as soon as possible.(7) The promisee must give the person written notice of—(a) the promisee’s decision to accept or reject the undertaking; and(b) the reasons for the decision.(8) If the promisee decides to accept the undertaking and the promisee is not the Regulator, the promisee must give the following documents to the Regulator within 28 days after accepting the undertaking—(a) a copy of the undertaking;(b) a statement of the reasons for the promisee’s decision to accept the undertaking.(9) The Regulator must publish the following information on the Regulator’s website—(a) a promisee’s decision to accept an undertaking under this section;(b) the reasons for the decision.(10) An authorised officer may act under this section only if—(a) for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under this section; or(b) for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under this section.
590B Effect of undertaking(1) An undertaking takes effect—(a) when the promisee gives notice of the decision to accept the undertaking to the person who made the undertaking; or(b) at a later time stated in the notice.(2) While the undertaking is in effect, the person must comply with the undertaking.Penalty—Maximum penalty—$10000.(3) If the person complies with the undertaking, no proceeding for the contravention or alleged contravention may be taken against the person.(4) The offer to make, or the making of, an undertaking is not an admission of guilt by the person offering to make, or making, the undertaking.
590C Withdrawing or changing undertaking(1) The person who made an undertaking may, at any time, with the written agreement of the promisee—(a) withdraw the undertaking; or(b) change the undertaking.(2) However, the provisions of the undertaking may not be changed to provide for a different contravention or alleged contravention of this Law.(3) If the promisee is not the Regulator, the promisee must give notice of the withdrawal or change of the undertaking to the Regulator.(4) The Regulator must publish notice of the withdrawal or change on the Regulator’s website.
590D Contravening undertaking(1) The promisee may apply to a relevant tribunal or court for an order if the person who made an undertaking fails to comply with the undertaking.(2) If the relevant tribunal or court is satisfied the person has failed to comply with the undertaking, the relevant tribunal or court, as well as imposing any penalty, may make—(a) an order directing the person to comply with the undertaking; or(b) an order discharging the undertaking.(3) Also, the relevant tribunal or court may make any other order that the tribunal or court considers appropriate in the circumstances, including an order directing the person to pay to the State—(a) the costs of the proceeding; and(b) the reasonable costs of the promisee in monitoring whether the person complies with the undertaking in the future.(4) Nothing in this section prevents a proceeding being taken for the contravention or alleged contravention to which the undertaking relates.