399Authority to prosecute

#### 399 Authority to prosecute 399 Authority to prosecute > > (1) Proceedings for an offence against this Act or the regulations may be instituted only— > > > > > (a) by the Minister or by a person with the written consent of the Minister, or > > > > > (b) by an inspector, or > > > > > (c) by a person, or a person of a class, prescribed by the regulations. > > > (2) In any such proceedings, a consent to institute the proceedings, purporting to have been signed by a person authorised to give a consent under this section is evidence of that consent without proof of the signature or authority of the person. > > > (3) Any such proceedings instituted by an officer of a Government Department may be prosecuted on his or her behalf by any officer of that Department. > > > (4) This section does not limit the functions that may be exercised by the Commission under section 164(2) in relation to a contempt of the Commission. > > **s 399:** Am 2016 No 48, Sch 1 \[94\]; 2023 No 41, Sch 1.2\[94\].