sec.255Proceedings for offences

### sec.255 Proceedings for offences A charge for an offence against this Act, other than an offence against part 3A , must be heard and decided summarily. More than 1 contravention of a safety and health obligation under section 34 may be charged as a single charge if the acts or omissions giving rise to the claimed contravention happened within the same period and in relation to the same coal mine. A proceeding for an offence against this Act may only be taken by— if the offence is a serious offence—the WHS prosecutor; or otherwise—the CEO or the WHS prosecutor. However, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (3) (b) . An authorisation under subsection (4) may be general or limited to a particular proceeding or class of proceedings. An authorisation under subsection (4) is sufficient authority to continue proceedings in any case where the court amends the charge, warrant or summons. In deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984 , section 11 . Nothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act. In this section— serious offence means— an offence against section 34 if the contravention— caused multiple deaths; or caused death or grievous bodily harm; or caused bodily harm; or involved exposure to a substance that is likely to cause death or grievous bodily harm; or an offence against part 3A ; or an offence prescribed by regulation for this paragraph. s 255 amd 2005 No. 68 s 7 ; 2008 No. 56 s 3 sch ; 2009 No. 16 s 9 ; 2011 No. 4 s 69 sch pt 1 ; 2014 No. 64 s 209 ; 2016 No. 63 s 1157 sch 6 ; 2020 No. 10 s 83 ; 2020 No. 14 s 12 ; 2024 No. 34 s 85 (sec.255-ssec.1) A charge for an offence against this Act, other than an offence against part 3A , must be heard and decided summarily. (sec.255-ssec.2) More than 1 contravention of a safety and health obligation under section 34 may be charged as a single charge if the acts or omissions giving rise to the claimed contravention happened within the same period and in relation to the same coal mine. (sec.255-ssec.3) A proceeding for an offence against this Act may only be taken by— if the offence is a serious offence—the WHS prosecutor; or otherwise—the CEO or the WHS prosecutor. (sec.255-ssec.4) However, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (3) (b) . (sec.255-ssec.5) An authorisation under subsection (4) may be general or limited to a particular proceeding or class of proceedings. (sec.255-ssec.6) An authorisation under subsection (4) is sufficient authority to continue proceedings in any case where the court amends the charge, warrant or summons. (sec.255-ssec.7) In deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984 , section 11 . (sec.255-ssec.8) Nothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act. (sec.255-ssec.9) In this section— serious offence means— an offence against section 34 if the contravention— caused multiple deaths; or caused death or grievous bodily harm; or caused bodily harm; or involved exposure to a substance that is likely to cause death or grievous bodily harm; or an offence against part 3A ; or an offence prescribed by regulation for this paragraph. - (a) if the offence is a serious offence—the WHS prosecutor; or - (b) otherwise—the CEO or the WHS prosecutor. - (a) an offence against section 34 if the contravention— (i) caused multiple deaths; or (ii) caused death or grievous bodily harm; or (iii) caused bodily harm; or (iv) involved exposure to a substance that is likely to cause death or grievous bodily harm; or - (i) caused multiple deaths; or - (ii) caused death or grievous bodily harm; or - (iii) caused bodily harm; or - (iv) involved exposure to a substance that is likely to cause death or grievous bodily harm; or - (b) an offence against part 3A ; or - (c) an offence prescribed by regulation for this paragraph. - (i) caused multiple deaths; or - (ii) caused death or grievous bodily harm; or - (iii) caused bodily harm; or - (iv) involved exposure to a substance that is likely to cause death or grievous bodily harm; or