Long Service Benefits Portability Act 2018
69Who can prosecute under this Act?
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69 Who can prosecute under this Act?
(1) A prosecution for an offence against this Act may only be brought by—
(a) the Authority; or
(b) a person who is authorised by the Authority to bring a prosecution.
(2) An authorisation under subsection (1)(b)—
(a) must be in writing; and
(b) may be given generally, or only in relation to a particular case or cases, or a particular class of case or cases; and
(c) may be revoked by the Authority at any time by written notice.
(3) The revocation of an authorisation does not affect a proceeding commenced by a person before that person's authorisation was revoked unless the notice of revocation states otherwise.
(4) In a prosecution for an offence under this Act, the Industrial Division of the Magistrates' Court must presume, in the absence of evidence to the contrary, that the prosecutor is authorised to bring the prosecution.
(5) A prosecution may only be conducted by—
(a) the Authority; or
(b) the person authorised under subsection (1)(b) to bring the prosecution; or
(c) an Australian lawyer briefed by the Authority or the person authorised to bring the prosecution.