Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where it appears
to the Executive Director that a person has by act or omission contravened a
direction contained in a code of practice the Executive Director may require
the person to enter into a written undertaking —
(a) to
discontinue the conduct giving rise to the contravention;
(b) as
to the person’s future conduct; and
(c)
regarding the action the person will be required to take to ensure that the
objects of the code of practice are attained.
(2) Where a person
enters into a written undertaking under subsection (1) the Executive
Director shall —
(a)
retain a copy of the document evidencing the undertaking;
(b) give
a copy of that document to the person who executed it; and
(c)
register the document in a Register of Undertakings, to contain the prescribed
particulars and to be kept in a prescribed manner and place.
(3) The Register of
Undertakings may, at any reasonable time, be inspected by any person free of
charge.
(4) A person who
fails —
(a) to
enter into a written undertaking when requested under this section to do so by
the Executive Director; or
(b) to
observe such an undertaking entered into by that person,
commits an offence.
Penalty: $1 000.
(5) A prosecution for
an offence under subsection (4) shall not be commenced without the
approval of the Executive Director.
(6) The Executive
Director may, whether or not a person has been convicted of an offence under
subsection (4), report a breach of any undertaking given under
subsection (1) to any relevant registration board or licensing authority
and that registration board or licensing authority may take into account the
report of the breach when performing its functions.
[Section 32B inserted by No. 25 of 1997
s. 10.]