49AWho can prosecute under this Act?

49A Who can prosecute under this Act?

S. 49A(1) substituted by No. 14/2021 s. 20.

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

S. 49A(1)(a) amended by No. 35/2025 s. 68.

(a) the Workforce Inspectorate Victoria; or

S. 49A(1)(b) amended by No. 35/2025 s. 68.

(b) a person employed under Part 3 of the Public Administration Act 2004 who is authorised by the Workforce Inspectorate Victoria to bring a prosecution.

(2) An authorisation—

(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 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revocation of an authorisation does not affect any proceedings started by a person before that person's authorisation was revoked unless the notice of revocation states otherwise.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, a 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) a person authorised by or under subsection (1) to bring the prosecution; or

S. 49A(5)(b) amended by No. 17/2014 s. 160(Sch. 2 item 13).

(b) an Australian lawyer briefed by the person authorised to bring the prosecution.

S. 49B (Heading) amended by No. 14/2021 s. 21(1).

S. 49B
inserted by No. 26/2010 s. 32, amended by No. 14/2021 s. 21(3) (ILA s. 39B(1)).