Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 154

Who can prosecute under this Act?

154. Who can prosecute under this Act?



(1) A prosecution for an offence under this Act may only be brought by a
person authorised by-

   (a)  the Minister; or

   (b)  the Chief Administrator, if the Minister has authorised the Chief
        Administrator to give such an authorisation; or

   (c)  an officer of the Department of Innovation, Industry and Regional
        Development who the Minister has authorised to give such an
        authorisation.



(2) Any authorisation-

   (a)  must be in writing; and

   (b)  may be given generally, or only in relation to a particular case or
        cases, or a particular class of case or cases; and

   (c)  may be revoked by the person who gave it at any time by notice in
        writing.

(3) The revocation of an authorisation does not affect any proceedings started
by a person before that person's authorisation was revoked unless the notice
of revocation states otherwise.

(4) In a prosecution for an offence under this Act, the Industrial Division of
the Magistrates' Court must presume, in the absence of evidence to the
contrary, that the prosecutor is authorised to bring the prosecution.

(5) A prosecution may only be conducted by-

   (a)  the person authorised to bring the prosecution; or



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   (c)  an Australian lawyer (within the meaning of the
        Legal Profession Act 2004) briefed by the person authorised to bring
        the prosecution.