241Responsible agency or instrumentality of Crown

241 Responsible agency or instrumentality of Crown (1) The following is the responsible agency or instrumentality of the Crown when serving a document on, or giving a document to, the Crown under this Act: (a) in the case of an improvement notice or infringement notice – the agency or instrumentality of the Crown whose acts or omissions are alleged to contravene this Act; (b) in the case of any other document – the agency or instrumentality of the Crown with control over the business, undertaking, work, activity, thing or place specified in the notice or request. (2) The responsible agency or instrumentality may be specified in any infringement notice issued to the Crown.

Electrical Safety Act 2022 130 (3) The responsible agency or instrumentality in relation to an offence or contravention against this Act is the agency or instrumentality of the Crown whose acts or omissions are alleged to constitute the offence or contravention. (4) If an agency or instrumentality no longer exists, the successor of that agency or instrumentality is taken to be the responsible agency or instrumentality and, if there is no clear successor, the Court may declare an agency or instrumentality to be the responsible agency or instrumentality. (5) The responsible agency or instrumentality in relation to an offence or contravention against this Act may be specified in any document initiating, or relating to, the proceedings. (6) The responsible agency or instrumentality in relation to an offence or a contravention is entitled to act in proceedings against the Crown for the offence or relating to the contravention and, subject to any relevant rules of Court, the procedural rights and obligations of the Crown as the accused or defendant in the proceedings are conferred or imposed on the responsible agency or instrumentality. (7) The person bringing the proceedings may change the responsible agency or instrumentality during the proceedings with the Court's leave.