Victorian Consolidated Legislation

Outworkers (Improved Protection) Act 2003 - SECT 55

Who can prosecute under this Act?

55. Who can prosecute under this Act?



(1) A prosecution for an offence against this Act may only be brought by-

   (a)  a person authorised by-

   (i)  the Minister; or

   (ii) the Secretary, if the Minister has authorised the Secretary to give
        such an authorisation; or

   (iii) a person employed in the Department under Part 3 of the
        Public Administration Act 2004 who the Minister has authorised to give
        such an authorisation; or

   (b)  an officer of the Textile Clothing and Footwear Union of Australia
        (Victorian Branch).

(2) Any authorisation for the purposes of subsection (1)(a)-

   (a)  must be in writing; and

   (b)  may be given generally, or only in relation to a particular case or
        cases, or a particular class of case or cases; and

   (c)  may be revoked by the person who gave it at any time by notice in
        writing.

(3) The revocation of an authorisation does not affect any proceedings started
by a person before that person's authorisation was revoked unless the notice
of revocation states otherwise.

(4) In a prosecution for an offence under this Act, the Industrial Division of
the Magistrates' Court must presume, in the absence of evidence to the
contrary, that the prosecutor is authorised to bring the prosecution.

(5) A prosecution may only be conducted by-

   (a)  the person authorised by or under subsection (1) to bring the
        prosecution; or

   (b)  an Australian lawyer (within the meaning of the
        Legal Profession Act 2004) briefed by the person authorised to bring
        the prosecution.