New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 399

399 Authority to prosecute

(1) Proceedings for an offence against this Act or the regulations may be instituted only:

(a) by the Minister or by a person with the written consent of the Minister, or

(b) by an inspector, or

(c) by a person, or a person of a class, prescribed by the regulations.

(2) In any such proceedings, a consent to institute the proceedings, purporting to have been signed by a person authorised to give a consent under this section is evidence of that consent without proof of the signature or authority of the person.

(3) Any such proceedings instituted by an officer of a Government Department may be prosecuted on his or her behalf by any officer of that Department.

(4) This section does not limit any function that may be exercised by the Commission under section 164 (2) with respect to any contempt of the Commission.