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BUSH FIRES ACT 1954 - SECT 59

BUSH FIRES ACT 1954 - SECT 59

59 .         Prosecution of offences

        (1)         A person authorised by the Minister, a person employed in the Department for the purposes of this Act, an authorised CALM Act officer, a member of the Police Force, or a local government, may institute and carry on proceedings against a person for an offence alleged to be committed against this Act.

        (2)         The person instituting and carrying on the proceedings shall be reimbursed out of the funds of the local government within whose district the alleged offence is committed, all costs and expenses which he may incur or be put to in or about the proceedings.

        (3)         A local government may, by written instrument of delegation, delegate authority generally, or in any class of case, or in any particular case, to its bush fire control officer, or other officer, to consider allegations of offences alleged to have been committed against this Act in the district of the local government and, if the delegate thinks fit, to institute and carry on proceedings in the name of the local government against any person alleged to have committed any of those offences in the district, and may pay out of its funds any costs and expenses incurred in or about the proceedings.

        (4)         A local government may by written instrument cancel, or from time to time vary, any instrument of delegation conferred under subsection (3).

        (5)         Notwithstanding that a local government has under subsection (3) conferred authority on a delegate, the local government is not precluded from exercising but may itself exercise the authority.

        [Section 59 amended: No. 35 of 1957 s. 10; No. 11 of 1963 s. 25; No. 65 of 1977 s. 41; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 36 and 40(1); No. 59 of 2004 s. 141; No. 19 of 2010 s. 52(4); No. 22 of 2012 s. 67.]