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].