Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 146

Responsible agency for the Crown

146. Responsible agency for the Crown



(1) If the Crown is to be served with an infringement notice, or proceedings
are brought against the Crown, for an offence against this Act or the
regulations the responsible agency in respect of the offence may be specified
in the infringement notice or any document initiating, or relating to, the
proceedings (as the case may be).

(2) In this section, the responsible agency in respect of an offence is the
agency of the Crown-

   (a)  whose acts or omissions are alleged to constitute the offence; or

   (b)  if that agency has ceased to exist, that is the successor of that
        agency; or

   (c)  if that agency has ceased to exist and there is no clear successor,
        that the court declares to be the responsible agency.

(3) The responsible agency in respect of an offence is entitled to act in
proceedings against the Crown for the offence and, subject to any relevant
rules of court, the procedural rights and obligations of the Crown as the
accused in the proceedings are conferred or imposed on the responsible agency.

(4) The person prosecuting the offence may change the responsible agency
during the proceedings with the court's leave.