44GSecretary may obtain enforcement order

44G Secretary may obtain enforcement order The Secretary may apply to the Supreme Court for an order against any person who is required to comply with an order made under this Part requiring the person to comply with the order. Part VIII—Legal proceedings 45 Proceedings for offences (1) Except as is otherwise expressly provided by this Act— S. 45(1)(a) amended by No. 57/1989 s. 3(Sch. item 79.7(a)(b)). (a) all charges for offences under this Act may be heard and determined in a summary way before the Magistrates' Court; and S. 45(1)(b) amended by No. 57/1989 s. 3(Sch. item 79.7(b)). (b) all money, costs, and expenses made payable or recoverable by this Act may be recovered before the Magistrates' Court as a civil debt recoverable summarily or in any court of competent jurisdiction. S. 45(2) amended by No. 95/1986 s. 16, repealed by No. 44/2024 s. 9. S. 45(3) amended by No. 57/1989 s. 3(Sch. item 79.8), repealed by No. 44/2024 s. 9. (4) The summons in a prosecution for an offence against this Act in which an analyst's certificate is to be used shall be made returnable not less than 14 days after the date on which it is served. (5) Where a summons referred to in subsection (4) is served less than 14 days before the return date of the summons the court may, on an application made in that behalf, extend the return date of the summons. (6) A copy of any analyst's certificate obtained on behalf of the informant shall be served with the summons in a prosecution for an offence against this Act in respect of any food. S. 45AA inserted by No. 46/2008 s. 257. 45AA Responsible agency for the Crown (1) If proceedings are brought against the Crown for an offence against this Act, the responsible agency in respect of the offence may be specified in any document initiating, or relating to, the proceedings. (2) In this section, the responsible agency in respect of an offence is the agency of the Crown— (a) whose acts or omissions are alleged to constitute the offence; or (b) if that agency has ceased to exist, that is the successor of that agency; or (c) if that agency has ceased to exist and there is no clear successor, that the court declares to be the responsible agency. (3) The responsible agency in respect of an offence is entitled to act in proceedings against the Crown for the offence and, subject to any relevant rules of court, the procedural rights and obligations of the Crown as the accused in the proceedings are conferred or imposed on the responsible agency. (4) The person prosecuting the offence may change the responsible agency during the proceedings with the court's leave. S. 45AB inserted by No. 46/2008 s. 257. 45AB Proceedings against successors to public bodies (1) In this section, ***public body*** means— (a) a body corporate representing the Crown; or (b) a State owned enterprise or reorganising body within the meaning of the **State Owned Enterprises Act 1992**; or (c) a council; or (d) a public entity within the meaning of the **Public Administration Act 2004**. (2) Proceedings for an offence against this Act that were instituted against a public body before its dissolution, or that could have been instituted against a public body if not for its dissolution, may be continued or instituted against its successor if the successor is a public body. S. 45AC inserted by No. 46/2008 s. 257, amended by No. 37/2014 s. 10(Sch. item 66.3). 45AC Power to bring proceedings The Secretary, a council, an authorised officer or a police officer may bring proceedings for an offence under this Act. S. 45A inserted by No. 95/1986 s. 17, amended by No. 2/2017 s. 7.