WORK HEALTH AND SAFETY ACT 2011 - SECT 230 Prosecutions

WORK HEALTH AND SAFETY ACT 2011 - SECT 230

    (1)     Subject to subsection (5), a proceeding for an offence against this Act may be brought by—

        (a)     the regulator; or

        (b)     an inspector with the written authorisation of the regulator (either generally or in a particular case).

Note     A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act

, s 104).

    (2)     If the regulator believes on reasonable grounds that a person has committed an offence against this Act, the regulator may refer the matter to the DPP.

    (3)     The regulator must issue, and publish on the regulator's website, general guidelines in relation to—

        (a)     the referral of matters to the DPP under this section; and

        (b)     the acceptance of WHS undertakings under this Act.

    (4)     A guideline is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (5)     Nothing in this section affects the ability of the DPP to bring a proceeding for an offence against this Act.