PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 837
Proceedings for offences
PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 837
Proceedings for offences
837 Proceedings for offences
(1) Proceedings for an offence against this
Act, other than an offence against chapter 11 , part 1AA , are to be heard and
decided summarily.
(2) A proceeding for an offence against a provision of
chapter 7 , 8 , 9 or 10 , or a provision of chapter 11 , part 1AA , may only
be taken by—
(a) if the offence is a serious offence—the WHS prosecutor;
or
(b) otherwise—the CEO or the WHS prosecutor.
(3) However, the CEO may
authorise in writing another appropriately qualified person to take a
proceeding for an offence mentioned in subsection (2) (b) .
(4) An
authorisation under subsection (3) may be general or limited to a particular
proceeding or class of proceedings.
(5) An authorisation under subsection (3)
is sufficient authority to continue proceedings in any case where the court
amends the charge, warrant or summons.
(6) A proceeding for an offence
against this Act must start within the later of the following periods to
end—
(a) 2 years after the offence first comes to the notice of the
complainant;
(b) if the offence involves a breach of an obligation causing
death and the death is investigated by a coroner under the Coroners Act 2003—2 years after the coroner makes a finding in relation to the death.
(6A)
Subsection (6) does not apply to a proceeding for an offence against chapter
11 , part 1AA .
(7) In deciding whether to bring a prosecution for an offence
under this Act, the WHS prosecutor must have regard to any guidelines issued
under the Director of Public Prosecutions Act 1984, section 11.
(7A)
Nothing in this section affects the ability of the director of public
prosecutions to bring proceedings for an offence against this Act.
(8) In
this section—
"serious offence" means—
(a) an offence against chapter 9 if the act or
omission that constitutes the offence caused any of the following
circumstances—
(i) the death of, or grievous bodily harm to, more than 1
person;
(ii) the death of, or grievous bodily harm to, only 1 person;
(iii)
the exposure of anyone to a substance likely to cause death or grievous bodily
harm;
(iv) bodily harm; or
(b) an offence against chapter 11 , part 1AA ; or
(c) an offence prescribed by regulation for this paragraph.
