No criminal proceedings while enforceable undertaking in force
39G No criminal proceedings while enforceable undertaking in force
Subject to subsection (3), no proceedings for an alleged contravention of this Act may be commenced or continued against a person who has given an enforceable undertaking in relation to the contravention while the undertaking is in force.
After accepting an enforceable undertaking from a person in relation to an alleged contravention of this Act, the Authority must take reasonable steps to have any prosecution against the person in relation to the contravention stayed as soon as possible.
Proceedings may be instituted or resumed against a person who has given an enforceable undertaking in relation to an alleged contravention of this Act if the undertaking is not complied with.
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