sec.316Existing proceedings

### sec.316 Existing proceedings This section applies to the following proceedings started before the commencement— a proceeding for an offence against the pre-amended Act started by— the Commissioner for Mine Safety and Health; or the chief executive or another appropriately qualified person with the written authorisation of the chief executive; a proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health; an appeal against a decision made on a proceeding mentioned in paragraph (a) or (b). If, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement— if the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 255(10)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and if the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding. For a proceeding mentioned in subsection (2)(b), on the commencement or at any time after the commencement, the CEO may authorise in writing another appropriately qualified person, including, for example, the WHS prosecutor, to become a party to the proceeding in place of the CEO. s 316 ins 2020 No. 10 s 90 (sec.316-ssec.1) This section applies to the following proceedings started before the commencement— a proceeding for an offence against the pre-amended Act started by— the Commissioner for Mine Safety and Health; or the chief executive or another appropriately qualified person with the written authorisation of the chief executive; a proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health; an appeal against a decision made on a proceeding mentioned in paragraph (a) or (b). (sec.316-ssec.2) If, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement— if the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 255(10)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and if the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding. (sec.316-ssec.3) For a proceeding mentioned in subsection (2)(b), on the commencement or at any time after the commencement, the CEO may authorise in writing another appropriately qualified person, including, for example, the WHS prosecutor, to become a party to the proceeding in place of the CEO. - (a) a proceeding for an offence against the pre-amended Act started by— (i) the Commissioner for Mine Safety and Health; or (ii) the chief executive or another appropriately qualified person with the written authorisation of the chief executive; - (i) the Commissioner for Mine Safety and Health; or - (ii) the chief executive or another appropriately qualified person with the written authorisation of the chief executive; - (b) a proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health; - (c) an appeal against a decision made on a proceeding mentioned in paragraph (a) or (b). - (i) the Commissioner for Mine Safety and Health; or - (ii) the chief executive or another appropriately qualified person with the written authorisation of the chief executive; - (a) if the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 255(10)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and - (b) if the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding.