Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 77

Power to prosecute

77. Power to prosecute



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(2) The following people may prosecute for any offence against this Act or the
regulations-

   (a)  any member of the police force;



   (ab) a protective services officer appointed under Part VIA of the
        Police Regulation Act 1958, if the offence occurs on land or premises
        that are, or are in the vicinity of-

   (i)  a place of public importance that the officer has been directed to
        protect; or

   (ii) a place where there is present a person holding an official or public
        office, whom the officer has been directed to protect;

   (b)  a municipal council or any member of staff of a municipal council who
        is authorised in writing to do so either generally or in any
        particular case by the municipal council;



   (c)  any employee in the Department of Infrastructure who is authorised in
        writing to do so either generally or in any particular case by the
        Secretary to the Department of Infrastructure;







   (d)  any officer of the Corporation who is authorised in writing to do so
        either generally or in any particular case by the Corporation;



   (da) the presiding officers of the Legislative Council and the Legislative
        Assembly, if the offence occurs on the Parliamentary reserve;

   (db) a person authorised under section 229(1AA) of the Transport Act 1983
        to bring a proceeding for a ticket offence (within the meaning of
        section 208 of that Act), if the offence against this Act or the
        regulations occurs on or in a park and ride facility;

   (e)  any officer who is authorised in writing to do so either generally or
        in any particular case by a public authority or other person
        prescribed for the purposes of this subsection, if the offence occurs
        on land or premises which are vested in, or under the control of, that
        public authority or person.



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(3) If proceedings are taken by a member of the police force or an officer of
the Corporation or an employee in the Department of Infrastructure or a
protective services officer the proceedings may be conducted before the court
by any other member of the police force or officer of the Corporation or
employee in that Department or protective services officer, as the case
requires.







(3A) If proceedings are taken by a person referred to in subsection (2)(db),
the proceedings may be conducted before the court by any employee in the
Department of Infrastructure.

(4) Proceedings for any offence which relates to the parking or leaving
standing of a vehicle may be taken by any officer appointed either generally
or in any particular case by a public authority or other person prescribed for
the purposes of this subsection, if the offence occurs on land or premises
which are vested in, or under the control of, that public authority or person.

(5) Any money that is recovered by way of fine for a prescribed offence must
be paid into the Consolidated Fund, unless the charge is filed by an officer
who is appointed by a public authority or by any other person who is
prescribed for the purposes of this subsection, in which case the money that
is recovered by way of fine must be paid into the prescribed fund in respect
of that public authority or person.

(5A) Despite subsection (5), any money that is recovered by way of fine by a
prosecutor authorised under subsection (2A) must be paid into the Consolidated
Fund.

(6) If a parking infringement (other than a parking infringement involving a
contravention of section 90E) or other offence prescribed for the purposes of
section 3(1A) occurs on land which is part of the Parliamentary reserve, no
prosecution may be taken in respect of it except on the written direction of a
presiding officer authorising the prosecution either generally or in a
particular case.

(7) In a prosecution for an offence in relation to a parking infringement
(other than a parking infringement involving a contravention of section 90E)
or other offence prescribed for the purposes of section 3(1A) occurring on the
Parliamentary reserve, a certificate which purports to be signed by a
presiding officer stating that a person is authorised to take proceedings in
respect of that parking infringement or offence is evidence, and, in the
absence of evidence to the contrary, is proof, that the person is so
authorised.

(8) All courts must take judicial notice of the signature of a presiding
officer on a certificate referred to in subsection (7).