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s 117ABR

No criminal proceedings while enforceable undertaking in force

In force
Part VACivil enforcement, penalties and other proceedings
Division 2Enforceable undertakings

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:

(a)

is in effect; or

(b)

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.

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