(1) The following notices may be given to or served on the
responsible agency—
(a) a provisional improvement notice, improvement
notice, prohibition notice, non-disturbance notice or notice of entry under
part 7 to be given to or served on the State, Commonwealth or another State
under this Act;
(b) an infringement notice for an offence against this Act to
be given to or served on the State, Commonwealth or another State.
(2) If an
infringement notice is to be served on the State, Commonwealth or another
State for an offence against this Act, the responsible agency may be stated in
the infringement notice.
(3) If proceedings are taken against the State,
Commonwealth or another State for an offence against this Act or in relation
to a contravention of this Act, the responsible agency in relation to the
offence or contravention may be stated in any document initiating, or relating
to, the proceedings.
(4) The responsible agency in relation to an offence or
a contravention of this Act is entitled to act in proceedings against the
State, Commonwealth or other State for the offence or relating to the
contravention and, subject to any relevant rules of court, the procedural
rights and obligations of the State, Commonwealth or other State as the
accused or defendant in the proceedings are conferred or imposed on the
responsible agency.
(5) The person prosecuting the offence or bringing the
proceedings may change the responsible agency during the proceedings with the
court’s leave.
(6) In this section, the
"responsible agency" —
(a) in relation to a notice mentioned in subsection
(1) is the following—
(i) for a provisional improvement notice, improvement
notice or infringement notice—the agency of the State, Commonwealth or other
State, the acts or omissions of which are alleged to contravene this Act;
(ii) for a prohibition notice—the agency of the State, Commonwealth or other
State that has control over the activity mentioned in section 195(1) (a) or
(b) ;
(iii) for a non-disturbance notice—the agency of the State,
Commonwealth or other State with the management and control of the workplace;
(iv) for a notice of entry under part 7 —the agency of the State,
Commonwealth or other State conducting the relevant business or undertaking or
with the management and control of the workplace; and
(b) in relation to an
offence or proceedings for a contravention of this Act, is the agency of the
State, Commonwealth or other State—
(i) the acts or omissions of which are
alleged to constitute the offence or contravention; or
(ii) if that agency
has ceased to exist—that is the successor of that agency; or
(iii) if that
agency has ceased to exist and there is no clear successor—that the court
declares to be the responsible agency.
