96Institution of proceedings for offences

96 Institution of proceedings for offences (1) Legal proceedings for offences against this Act or the regulations can only be instituted by— S. 96(1)(a) amended by No. 37/2014 s. 10(Sch. item 146.3). (a) a police officer; or S. 96(1)(b) amended by No. 49/2019 s. 183(Sch. 3 item 29(a)(i)). (b) a person authorised for that purpose by the relevant road authority; or S. 96(1)(c) inserted by No. 49/2019 s. 183(Sch. 3 item 29(a)(ii)). (c) a person authorised for that purpose by the Secretary. S. 96(2) amended by No. 49/2019 s. 183(Sch. 3 item 29(b)). (2) A certificate given by the Secretary or by the relevant road authority, other than the Head, Transport for Victoria, and signed by the Chief Executive (however described) of the relevant road authority to the effect that a specified person has been authorised by the Secretary or by the relevant road authority to take proceedings for offences against this Act is admissible in evidence and, in the absence of evidence to the contrary, is proof. S. 96(3) inserted by No. 49/2019 s. 183(Sch. 3 item 29(c)). (3) A certificate given by the Head, Transport for Victoria to the effect that a specified person has been authorised by the Head, Transport for Victoria to commence a proceeding for an offence against this Act is admissible in evidence and, in the absence of evidence to the contrary, is proof. Part 6—Civil liability Division 1—General 97 Definitions ***exercise*** in relation to a function includes perform a duty; ***function*** includes a power, authority or duty; ***negligence*** means a failure to exercise reasonable care.