794CResponsible agencies for Australian governments

794C Responsible agencies for Australian governments

(1) If proceedings are brought against:

(a) an Australian government in relation to a contravention of a civil remedy provision of this Act; or

(b) the Commonwealth for an offence against:

(i) subsection 327A(1) (offence for failing to pay amounts as required); or

(ii) a related offence provision, to the extent that the related offence provision relates to an offence against subsection 327A(1);

the responsible agency in relation to the contravention, or the commission of the offence, may be specified in any document initiating, or relating to, the proceedings.

(2) The responsible agency in relation to the contravention, or the commission of the offence, is entitled to act in the proceedings and, subject to any relevant rules of court, the procedural rights and obligations of:

(a) if paragraph (1)(a) applies—the Australian government as the respondent in the proceedings; or

(b) if paragraph (1)(b) applies—the Commonwealth as the accused in the proceedings;

are conferred or imposed on the responsible agency.

(3) With the court’s leave, the following person may change the responsible agency during the proceedings:

(a) if paragraph (1)(a) applies—the person bringing the proceedings;

(b) if paragraph (1)(b) applies—the person prosecuting the offence.

(4) The responsible agency in relation to a contravention of a civil remedy provision by an Australian government, or the commission of an offence by the Commonwealth, is:

(a) for a contravention of a civil remedy provision by an Australian government—the agency of that government whose officer, employee or agent engaged in conduct constituting the contravention; or

(b) for the commission of an offence by the Commonwealth—the agency of the Commonwealth whose officer, employee or agent engaged in conduct constituting a physical element of the offence; or

(c) if the agency referred to in paragraph (a) or (b) has ceased to exist—the agency of the Australian government or the Commonwealth (as the case requires) that is the successor of that agency; or

(d) if there is no responsible agency under whichever of paragraph (a) or (b) applies, or paragraph (c)—the agency of the Australian government or the Commonwealth (as the case requires) that the court declares to be the responsible agency.

(5) This section applies in relation to:

(a) an Australian government in relation to a contravention of a civil remedy provision; and

(b) the Commonwealth in relation to the commission of an offence;

subject to any modifications that are prescribed by the regulations.