Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 148

Proceedings against successors to public bodies

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.

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