OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 130 Proceedings may be brought by the Authority or inspectors
OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 130
Proceedings may be brought by the Authority or inspectorsS. 130(1) amended by No. 48/2017 s. 20.
(1) Proceedings for an offence against this Act or the regulations may be brought only by—
(a) the Authority; or
(b) an inspector with the written authorisation of the Authority (either generally or in a particular case).
S. 130(2) amended by No. 68/2009 s. 97(Sch. item 90.25).
(2) An authorisation under subsection (1)(b) is sufficient authority to continue proceedings in any case where the court amends the charge-sheet, warrant or summons.
(3) An inspector who brings proceedings may conduct the proceedings before the court.
S. 130(4) amended by No. 48/2017 s. 20.
(4) The Authority must issue, and publish in the Government Gazette, general guidelines for or with respect to the prosecution of offences under this Act or the regulations.
S. 130(5) amended by No. 48/2017 s. 20.
(5) Nothing in this section affects the ability of the Director of Public Prosecutions to bring proceedings for an indictable offence against this Act or the regulations.