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Electrical Safety Act 2002
sec.258Existing proceedings
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### sec.258 Existing proceedings
This section applies to a proceeding for an offence against this Act started before the commencement by—
the regulator; or
an inspector with the written authorisation of the regulator.
If, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement—
if the proceeding was taken by the regulator—the WHS prosecutor becomes a party to the proceeding in place of the regulator; or
if the proceeding was taken by an inspector, other than the WHS prosecutor, with the written authorisation of the regulator—the inspector is taken to hold a written authorisation from the WHS prosecutor for the proceeding.
s 258 ins 2024 No. 44 s 30
(sec.258-ssec.1) This section applies to a proceeding for an offence against this Act started before the commencement by— the regulator; or an inspector with the written authorisation of the regulator.
(sec.258-ssec.2) If, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement— if the proceeding was taken by the regulator—the WHS prosecutor becomes a party to the proceeding in place of the regulator; or if the proceeding was taken by an inspector, other than the WHS prosecutor, with the written authorisation of the regulator—the inspector is taken to hold a written authorisation from the WHS prosecutor for the proceeding.
- (a) the regulator; or
- (b) an inspector with the written authorisation of the regulator.
- (a) if the proceeding was taken by the regulator—the WHS prosecutor becomes a party to the proceeding in place of the regulator; or
- (b) if the proceeding was taken by an inspector, other than the WHS prosecutor, with the written authorisation of the regulator—the inspector is taken to hold a written authorisation from the WHS prosecutor for the proceeding.