292Power to prosecute

292 Power to prosecute

S. 292(1) amended by No. 66/2012 s. 27(1).

(1) Proceedings for any offence against marine and port legislation may be brought by—

S. 292(1)(a) amended by No. 37/2014 s. 10(Sch. item 107.13).

(a) any police officer; or

S. 292(1)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.161(a)).

(b) any person who is authorised by Safe Transport Victoria in writing to do so generally or in any particular case; or

(c) any person or body authorised in writing to do so either generally or in any particular case by a public authority or other person prescribed for the purposes of this subsection, if the offence occurs on land, waters or premises which are vested in, or under the control of, that public authority or person prescribed.

S. 292(2) amended by Nos 37/2014 s. 10(Sch. item 107.13), 34/2023 s. 127(Sch. 1 item 7.161(b)).

(2) If proceedings are brought by a police officer, or by a person authorised by Safe Transport Victoria, or by a person or body authorised by a public authority, the proceedings may be conducted before the court by—

S. 292(2)(a) amended by No. 37/2014 s. 10(Sch. item 107.13).

(a) any other police officer; or

S. 292(2)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.161(c)).

(b) any other person authorised by Safe Transport Victoria; or

(c) any other person or body authorised by the public authority.

S. 292(3) inserted by No. 66/2012 s. 27(2).

(3) In this section, marine and port legislation means—

(a) this Act or the regulations;

(b) the Marine (Drug, Alcohol and Pollution Control) Act 1988 or regulations made under that Act;

(c) the Port Management Act 1995 or regulations made under that Act.