New South Wales Consolidated Acts

WORKPLACE SURVEILLANCE ACT 2005 - SECT 46

46 Authority to prosecute

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

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

(b) with the written consent of an officer prescribed by the regulations, or

(c) by the secretary of an industrial organisation of employees any member or members of which are concerned in the matter to which the proceedings relate, or

(d) by a person who was the subject of the surveillance with which the alleged offence is concerned.

(2) In proceedings for an offence against this Act or the regulations, a consent to institute the proceedings, purporting to have been signed by the Minister or a prescribed officer, is evidence of that consent without proof of the signature of the Minister or prescribed officer.