Document ID: chunk:federal_register_of_legislation:C2025C00179:section:2
Version: federal_register_of_legislation:C2025C00179
Segment Type: section
Provision Reference: s 2
Character Range: 296524–298900

2                  The Registrar      (a) subsections 95(2) and (3);
                                      (b) section 110;
                                      (c) subsections 168(2) and (3);
                                      (d) subsections 267(2) and (3);
                                      (e) subsections 270(2) and (3);
                                      (f) section 276;
                                      (g) section 277;
                                      (h) section 278.

Relevant court
 (3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
 (a) the Federal Court;
 (b) the Federal Circuit and Family Court of Australia (Division 2);
 (c) the Supreme Court of a State or Territory.

When undertaking must not be accepted
 (4) An authorised person (within the meaning of Part 6 of the Regulatory Powers Act) must not accept an undertaking that was given by a person (the first person) under section 114 of that Act in response to an alleged contravention of a listed WHS law if:
 (a) the alleged contravention contributed, or may have contributed, to the death of another person; or
 (b) the alleged contravention involved recklessness (within the meaning of the Criminal Code); or
 (c) during the previous 5 years, the first person has been convicted of a WHS offence that contributed to the death of another person; or
 (d) both:
 (i) during the previous 10 years, the first person has been convicted of 2 or more WHS offences; and
 (ii) at least 2 of those convictions arose from separate investigations.
 (5) Subsection (4) does not apply if there are exceptional circumstances.
 (6) For the purposes of subsection (4), WHS offence means an offence against a listed WHS law.
Note: For the listed WHS laws, see section 221.

Extension to Commonwealth offshore area
 (7) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to the Commonwealth offshore area.

Extension to external Territories
 (8) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory to which this Act extends.
Note: For the external Territories to which this Act extends, see section 5.