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WORK HEALTH AND SAFETY ACT 2011 - SECT 216

Regulator may accept WHS undertakings

  (1)   The regulator may accept a written undertaking (a WHS 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   230(3) requires the regulator to publish guidelines in relation to the acceptance of WHS undertakings.

  (2)   A WHS undertaking cannot be accepted in relation to a contravention or alleged contravention that is a Category 1 offence or an offence against subsection   30A(1) (industrial manslaughter).

  (3)   The giving of a WHS undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.



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