Western Australian Consolidated Acts

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WATERWAYS CONSERVATION ACT 1976 - SECT 71

71 .         Proceedings

        (1)         A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate.

        (2)         A prosecution for an offence against this Act may be commenced and conducted by —

            (a)         any inspector;

            (b)         an honorary warden in relation to the matters and in the area in respect of which he is authorised to exercise his powers under this Act; and

            (c)         any other person authorised in writing for the purpose of the proposed proceedings by the Minister.

        (3)         In any proceedings under this Act the authority of any person to prosecute for an offence shall be presumed unless the contrary is proved.

        (4)         A prosecution for an offence under this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed.

        [Section 71 amended by No. 59 of 2004 s. 141; No. 84 of 2004 s. 80; No. 38 of 2007 s. 182.]



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