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Section : 239 Release on the giving of a court-ordered WHS undertaking
Domain : Human Resource Management
Classification : Not Identified
Text Content
- (1) The court may (with or without recording a conviction) adjourn the proceeding for a period of up to 2 years and make an order for the release of the offender on the offender giving an undertaking with specified conditions (a court-ordered WHS undertaking ).
- (2) A court-ordered WHS 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;
- (c) that the offender observes any special conditions imposed by the court.
- (3) An offender who has given a court-ordered WHS 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.