106Responsible agency for the Crown

106 Responsible agency for the Crown

(1) If proceedings are brought against the Crown for an offence against this Act or a contravention of a civil penalty provision, the responsible agency in respect of the offence or the civil penalty provision may be specified in any document initiating, or relating to, the proceedings.

(2) In this section, the responsible agency in respect of an offence or a civil penalty provision is the agency of the Crown—

(a) whose acts or omissions are alleged to constitute the offence or the contravention of the civil penalty provision; 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 or a civil penalty provision is entitled to act in proceedings against the Crown for the offence or in respect of the civil penalty provision 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 or the civil penalty provision may change the responsible agency during the proceedings with the leave of the court.