SUSTAINABLE FORESTS (TIMBER) ACT 2004 - SECT 83A Enforceable undertakings

SUSTAINABLE FORESTS (TIMBER) ACT 2004 - SECT 83A

    (1)     The Secretary may enter into a written undertaking with a person who has contravened, or allegedly contravened, section 45.

S. 83A(1A) inserted by No. 38/2021 s. 8(1).

    (1A)     The Secretary may enter into an undertaking with a person who has contravened, or allegedly contravened, any relevant Code of Practice relating to timber harvesting with which compliance is required under section 46.

S. 83A(2) substituted by No. 38/2021 s. 8(2).

    (2)     An undertaking under subsection (1) or (1A) must—

        (a)     be in writing; and

        (b)     in the case of an undertaking under subsection (1), specify the conduct constituting the contravention, or alleged contravention, of section 45; and

        (c)     in the case of an undertaking under subsection (1A), specify the conduct constituting the contravention, or alleged contravention, of the relevant Code of Practice.

    (3)     A person may withdraw or vary an undertaking with the consent of the Secretary.

S. 83A(4) substituted by No. 38/2021 s. 8(3).

    (4)     While an undertaking is in force, no civil or criminal proceeding may be commenced in relation to—

        (a)     an offence constituted by the contravention or alleged contravention in respect of which the undertaking is given; or

        (b)     the contravention or alleged contravention of the relevant Code of Practice in respect of which the undertaking is given.

S. 83A(5) substituted by No. 38/2021 s. 8(3).

    (5)     If a person withdraws an undertaking before the undertaking has been fulfilled, a civil or criminal proceeding may be commenced in relation to—

        (a)     an offence constituted by the contravention or alleged contravention in respect of which the undertaking is given; or

        (b)     the contravention or alleged contravention of the relevant Code of Practice in respect of which the undertaking is given.

S. 83A(6) substituted by No. 38/2021 s. 8(3).

    (6)     If a person complies with the requirements of an undertaking, no further civil or criminal proceeding may be commenced in relation to—

        (a)     an offence constituted by the contravention or alleged contravention in respect of which the undertaking is given; or

        (b)     the contravention or alleged contravention of the relevant Code of Practice in respect of which the undertaking is given.

S. 83B inserted by No. 11/2014 s. 7.