sec.189BResponsible agency for the State, Commonwealth or other State

### sec.189B Responsible agency for the State, Commonwealth or other State The following notices may be given to or served on the responsible agency— an improvement notice, electrical safety protection notice, unsafe equipment notice or non-disturbance notice to be given to or served on the State, Commonwealth or another State under this Act; an infringement notice for an offence against this Act to be given to or served on the State, Commonwealth or another State. If an infringement notice is to be served on the State, Commonwealth or another State for an offence against this Act, the responsible agency may be stated in the infringement notice. If proceedings are taken against the State, Commonwealth or another State for an offence against this Act or in relation to a contravention of this Act, the responsible agency for the offence or contravention may be stated in any document initiating, or relating to, the proceedings. The responsible agency for an offence or a contravention of this Act is entitled to act in proceedings against the State, Commonwealth or other State for the offence or relating to the contravention and, subject to any relevant rules of court, the procedural rights and obligations of the State, Commonwealth or other State as the accused or defendant in the proceedings are conferred or imposed on the responsible agency. The person prosecuting the offence or bringing the proceedings may change the responsible agency during the proceedings with the court’s leave. In this section, the responsible agency means— for an improvement notice or infringement notice—the agency of the State, Commonwealth or other State the acts or omissions of which are alleged to contravene this Act; or for an electrical safety protection notice—the agency of the State, Commonwealth or other State that controls the place where the electrical risk has arisen; or for an unsafe equipment notice—the agency of the State, Commonwealth or other State that owns or controls the electrical equipment; or for a non-disturbance notice—the agency of the State, Commonwealth or other State that controls the site to which the notice relates; or for an offence or proceedings for a contravention of this Act— the agency of the State, Commonwealth or other State the acts or omissions of which are alleged to constitute the offence or contravention; or if that agency no longer exists, that is the successor of the agency; or if that agency no longer exists and there is no clear successor, that the court declares to be the responsible agency. s 189B ins 2011 No. 18 s 386 (sec.189B-ssec.1) The following notices may be given to or served on the responsible agency— an improvement notice, electrical safety protection notice, unsafe equipment notice or non-disturbance notice to be given to or served on the State, Commonwealth or another State under this Act; an infringement notice for an offence against this Act to be given to or served on the State, Commonwealth or another State. (sec.189B-ssec.2) If an infringement notice is to be served on the State, Commonwealth or another State for an offence against this Act, the responsible agency may be stated in the infringement notice. (sec.189B-ssec.3) If proceedings are taken against the State, Commonwealth or another State for an offence against this Act or in relation to a contravention of this Act, the responsible agency for the offence or contravention may be stated in any document initiating, or relating to, the proceedings. (sec.189B-ssec.4) The responsible agency for an offence or a contravention of this Act is entitled to act in proceedings against the State, Commonwealth or other State for the offence or relating to the contravention and, subject to any relevant rules of court, the procedural rights and obligations of the State, Commonwealth or other State as the accused or defendant in the proceedings are conferred or imposed on the responsible agency. (sec.189B-ssec.5) The person prosecuting the offence or bringing the proceedings may change the responsible agency during the proceedings with the court’s leave. (sec.189B-ssec.6) In this section, the responsible agency means— for an improvement notice or infringement notice—the agency of the State, Commonwealth or other State the acts or omissions of which are alleged to contravene this Act; or for an electrical safety protection notice—the agency of the State, Commonwealth or other State that controls the place where the electrical risk has arisen; or for an unsafe equipment notice—the agency of the State, Commonwealth or other State that owns or controls the electrical equipment; or for a non-disturbance notice—the agency of the State, Commonwealth or other State that controls the site to which the notice relates; or for an offence or proceedings for a contravention of this Act— the agency of the State, Commonwealth or other State the acts or omissions of which are alleged to constitute the offence or contravention; or if that agency no longer exists, that is the successor of the agency; or if that agency no longer exists and there is no clear successor, that the court declares to be the responsible agency. - (a) an improvement notice, electrical safety protection notice, unsafe equipment notice or non-disturbance notice to be given to or served on the State, Commonwealth or another State under this Act; - (b) an infringement notice for an offence against this Act to be given to or served on the State, Commonwealth or another State. - (a) for an improvement notice or infringement notice—the agency of the State, Commonwealth or other State the acts or omissions of which are alleged to contravene this Act; or - (b) for an electrical safety protection notice—the agency of the State, Commonwealth or other State that controls the place where the electrical risk has arisen; or - (c) for an unsafe equipment notice—the agency of the State, Commonwealth or other State that owns or controls the electrical equipment; or - (d) for a non-disturbance notice—the agency of the State, Commonwealth or other State that controls the site to which the notice relates; or - (e) for an offence or proceedings for a contravention of this Act— (i) the agency of the State, Commonwealth or other State the acts or omissions of which are alleged to constitute the offence or contravention; or (ii) if that agency no longer exists, that is the successor of the agency; or (iii) if that agency no longer exists and there is no clear successor, that the court declares to be the responsible agency. - (i) the agency of the State, Commonwealth or other State the acts or omissions of which are alleged to constitute the offence or contravention; or - (ii) if that agency no longer exists, that is the successor of the agency; or - (iii) if that agency no longer exists and there is no clear successor, that the court declares to be the responsible agency. - (i) the agency of the State, Commonwealth or other State the acts or omissions of which are alleged to constitute the offence or contravention; or - (ii) if that agency no longer exists, that is the successor of the agency; or - (iii) if that agency no longer exists and there is no clear successor, that the court declares to be the responsible agency.