DANGEROUS GOODS ACT 1985 - SECT 40A Procedure if prosecution is not brought
DANGEROUS GOODS ACT 1985 - SECT 40A
Procedure if prosecution is not brought(1) If—
(a) a person considers that an offence against this Act has occurred; and
(b) no prosecution has been brought in respect of that occurrence within 6 months after that occurrence—
the person may request in writing that the Authority bring a prosecution in respect of that occurrence.
S. 40A(2) amended by No. 49/2018 s. 26(1)(a).
(2) If the offence the subject of a request under subsection (1) is a summary offence, within 3 months after the Authority receives a request it must—
(a) investigate the matter; and
S. 40A(2)(b) amended by No. 49/2018 s. 26(1)(b).
(b) following the investigation, advise (in writing) the person whether a prosecution has been, or will be, brought, or give reasons why a prosecution will not be brought, unless the Authority considers that giving such advice or reasons will prejudice the current investigation of an indictable offence.
S. 40A(2A) inserted by No. 49/2018 s. 26(2).
(2A) If the offence the subject of a request under subsection (1) is an indictable offence, the Authority must, within 3 months after receiving the request, report in writing to the person who made the request, advising that—
(a) the Authority's investigation of the matter is complete, and—
(i) that a prosecution will be brought; or
(ii) give reasons why a prosecution will not be brought; or
(b) the Authority's investigation is still ongoing and that a further report will be given within 3 months after the date of the response, and after every subsequent 3-month period, until the investigation is completed.
S. 40A(2B) inserted by No. 49/2018 s. 26(2).
(2B) If subsection (2A)(b) applies, the Authority must, within each 3-month period, also report to the Minister as to the progress of the investigation.
S. 40A(2C) inserted by No. 49/2018 s. 26(2).
(2C) The Authority must commence and complete investigations under this section in as timely a manner as is reasonably practicable.
S. 40A(3) amended by No. 49/2018 s. 26(3).
(3) If the Authority advises the person that a prosecution will not be brought, or that it has not brought a prosecution within 9 months after receiving the request, the Authority must refer the matter to the Director of Public Prosecutions if the person requests (in writing) that the Authority do so.
(4) The Director of Public Prosecutions must consider the matter and advise (in writing) the Authority whether or not the Director considers that a prosecution should be brought.
(5) The Authority must ensure that a copy of the advice is sent to the person who made the request and, if the Authority declines to follow advice from the Director of Public Prosecutions to bring proceedings, the Authority must give the person written reasons for its decision.
(6) The Authority must include in its annual report, and publish on its website, a statement setting out—
(a) the number of requests received by the Authority under subsection (1); and
S. 40A(6)(b) amended by No. 49/2018 s. 26(4)(a).
(b) the number of cases in which the Authority has advised under subsection (2)(b) or (2A)(a)(ii) that a prosecution has been or will be brought, or will not be brought; and
S. 40A(6)(ba) inserted by No. 49/2018 s. 26(4)(b).
(ba) how long it took to commence and complete each investigation pursuant to a request under subsection (1); and
S. 40A(6)(bb) inserted by No. 49/2018 s. 26(4)(b).
(bb) the number of times the Authority failed to respond or report, within the times set out in this section, to a person making a request under subsection (1) and any reasons for such failure; and
(c) the number of cases in which the Director of Public Prosecutions has advised under subsection (4) that a prosecution should be brought or should not be brought.
S. 40A(7) inserted by No. 49/2018 s. 26(5).
(7) The Authority must provide a copy of any statement containing the matters referred to in subsection (6)(bb) to the Minister.
S. 40B inserted by No. 31/2005 s. 14.