Section 129 — Health and Safety at Work Act 2015: Proceedings for alleged contravention

129 Proceedings for alleged contravention (1) Subject to this section, no proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations may be brought against a person if an enforceable undertaking is in effect in relation to that contravention. (2) No proceedings may be brought for a contravention or an alleged contravention of this Act or regulations against a person who— (a) has made an enforceable undertaking in relation to that contravention; and (b) has completely discharged the enforceable undertaking. (3) The regulator may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed. (4) If the regulator accepts an enforceable undertaking before the proceedings are completed, the regulator must take all reasonable steps to have the proceedings discontinued as soon as practicable. Compare: Model Work Health and Safety Act (Aust) s 222