Queensland Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 No. 18 - SECT 367

Part 3—

omit, insert—

'(1) The regulator may accept a written undertaking (an electrical safety undertaking) given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act.

Note—

Section 186(4) requires the regulator to publish guidelines in relation to the acceptance of electrical safety undertakings.

'(2) An electrical safety undertaking can not be accepted for a contravention or alleged contravention that is a category 1 offence.

'(3) The giving of an electrical safety undertaking does not constitute an admission of guilt by the person giving it for the contravention or alleged contravention to which the undertaking relates.

'(1) The regulator must give the person seeking to make an electrical safety undertaking written notice of the regulator's decision to accept or reject the undertaking and of the reasons for the decision.

'(2) The regulator must publish, on the regulator's website, notice of a decision to accept an electrical safety undertaking and the reasons for that decision.

'An electrical safety undertaking takes effect and becomes enforceable when the regulator's decision to accept the undertaking is given to the person who made the undertaking or at any later date stated by the regulator.

'A person must not contravene an electrical safety undertaking made by that person that is in effect.

Maximum penalty— 500 penalty units.

'(1) The regulator may apply to a Magistrates Court for an order if a person contravenes an electrical safety undertaking.

'(2) If the court is satisfied that the person who made the electrical safety undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make 1 or both of the following orders—

(a) an order directing the person to comply with the undertaking;

(b) an order discharging the undertaking.

'(3) In addition to the orders mentioned in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the State—

(a) the costs of the proceedings; and

(b) the reasonable costs of the regulator in monitoring compliance with the electrical safety undertaking in the future.

'(4) Nothing in this section prevents proceedings being taken for the contravention or alleged contravention of this Act to which the electrical safety undertaking relates.

Note—

Section 54A states circumstances affecting proceedings for a contravention for which an electrical safety undertaking has been given.

'(1) A person who has made an electrical safety undertaking may at any time, with the written agreement of the regulator—

(a) withdraw the undertaking; or

(b) vary the undertaking.

'(2) However, the provisions of the undertaking can not be varied to provide for a different alleged contravention of the Act.

'(3) The regulator must publish, on the regulator's website, notice of the withdrawal or variation of an electrical safety undertaking.

'(1) Subject to this section, no proceedings for a contravention or alleged contravention of this Act may be taken against a person if an electrical safety undertaking is in effect in relation to the contravention.

'(2) No proceedings may be taken for a contravention or alleged contravention of this Act against a person who has made an electrical safety undertaking for the contravention and has completely discharged the electrical safety undertaking.

'(3) The regulator may accept an electrical safety undertaking for a contravention or alleged contravention before proceedings for the contravention have been finalised.

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