62AWho can commence proceedings for offences?

62A Who can commence proceedings for offences? (1) A proceeding for an offence against this Act or the regulations under it may only be commenced by— (a) the Commission; or (b) a person authorised by the Commission for the purposes of this section. (2) A proceeding for an offence against relevant legislation or the regulations under it in respect of which the Commission has powers or functions may only be commenced by— (a) the Commission; or (b) a person authorised by the Commission for the purposes of this section. (3) In a proceeding for an offence against this Act or the regulations under this Act, it must be presumed, in the absence of evidence to the contrary, that the person commencing the proceeding was authorised to commence the proceeding. (4) In a proceeding for an offence against relevant legislation or regulations under it in respect of which the Commission has powers or functions, it must be presumed, in the absence of evidence to the contrary, that the person commencing the proceeding was authorised to commence the proceeding. (5) This section does not apply to a proceeding for an indictable offence. (6) Subsection (2) does not apply to relevant legislation or regulations under that relevant legislation if express provision is made in that relevant legislation specifying who may commence a proceeding for an offence against that relevant legislation or the regulations under it. S. 62B inserted by No. 41/2021 s. 35.