Victorian Current Acts

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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 148

Proceedings against successors to public bodies

    (1)     In this section, "public body" means—

        (a)     a body corporate representing the Crown; or

        (b)     a State owned enterprise or reorganising body (within the meaning of the State Owned Enterprises Act 1992 ); or

        (c)     a Council (within the meaning of the Local Government Act 1989 ); or

        (d)     a public entity (within the meaning of the Public Administration Act 2004 ).

    (2)     Proceedings for an offence against this Act or the regulations that were instituted against a public body before its dissolution, or that could have been instituted against a public body if not for its dissolution, may be continued or instituted against its successor if the successor is a public body.

    (3)     An infringement notice served on a public body for an offence against this Act or the regulations is taken to be an infringement notice served on its successor if the successor is a public body.

    (4)     Similarly, any penalty paid by a public body in respect of an infringement notice is taken to be a penalty paid by its successor if the successor is a public body.

Part 12—Compliance codes



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