Section 156 — Health and Safety at Work Act 2015: Release on giving of court-ordered enforceable undertaking

156 Release on giving of court-ordered enforceable undertaking (1) The court may (with or without recording a conviction) adjourn a proceeding for up to 2 years and make an order for the release of the offender if the offender gives an undertaking with specified conditions (a court-ordered enforceable undertaking ). (2) A court-ordered enforceable undertaking must specify the following conditions: (a) that the offender appears before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned: (b) that the offender does not commit, during the period of the adjournment, any offence against this Act or regulations: (c) that the offender observes any special conditions imposed by the court. (3) An offender who has given a court-ordered enforceable undertaking under this section may be called on to appear before the court by order of the court. (4) An order under subsection (3) must be served on the offender not less than 4 days before the time specified in it for the appearance. (5) If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered enforceable undertaking, it must discharge the offender without any further hearing of the proceeding. (6) The regulator must publish, on an Internet site maintained by or on behalf of the regulator, notice of a court-ordered enforceable undertaking made in accordance with subsection (1), unless the court orders otherwise. Compare: Model Work Health and Safety Act (Aust) s 239