No criminal proceedings while enforceable undertaking in force
117ABR No criminal proceedings while enforceable undertaking in force
(1) Subject to subsection (3), no proceedings for an alleged contravention of this Act may be commenced or continued against a person if an enforceable undertaking in relation to the contravention:
is in effect; or
is completely discharged.
(2) After accepting an enforceable undertaking from a person, the CEO must take reasonable steps to have the prosecution against the person discontinued as soon as possible.
(3) Proceedings may be instituted or resumed against a person who gave an enforceable undertaking in respect of the alleged contravention or offence if the undertaking is not complied with.
This Act’s bill:Second reading speech
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