Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 130

Proceedings may be brought by the Authority or inspectors

130. Proceedings may be brought by the Authority or inspectors



(1) Proceedings for an offence against this Act 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).

(2) An authorisation under subsection (1)(b) is sufficient authority to
continue proceedings in any case where the court amends the charge, warrant or
summons.

(3) An inspector who brings proceedings may conduct the proceedings before the
court.

(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.

(5) Nothing in this section affects the ability of the Director of Public
Prosecutions to bring proceedings for an indictable offence against this Act.