77Power to prosecute

77 Power to prosecute S. 77(1) amended by Nos 44/1989 s. 41(Sch. 2 item 34.2), 4/2001 s. 29(3), 54/2001 s. 2(Sch. item 2.1), repealed by No. 94/2003 s. 27(6). S. 77(2) amended by No. 44/1989 s. 41(Sch. 2 item 34.4). (2) The following people may prosecute for any offence against this Act or the regulations— S. 77(2)(a) substituted by No. 37/2014 s. 10(Sch. item 147.27(a)). (a) any police officer; S. 77(2)(ab) inserted by No. 14/2000 s. 19(1), amended by No. 43/2011 s. 44(1). (ab) a protective services officer, if the offence occurs on land or premises that are, or are in the vicinity of— (i) a place of public importance that the officer has been directed to protect; or (ii) a place where there is present a person holding an official or public office, whom the officer has been directed to protect; S. 77(2)(ac) inserted by No. 43/2011 s. 44(2). (ac) a protective services officer on duty at a designated place if the offence occurs at or in the vicinity of the designated place; S. 77(2)(ad) inserted by No. 26/2025 s. 4. (ad) a protective services officer if the offence is an electric scooter offence; S. 77(2)(b) substituted by No. 12/1989 s. 4(1)(Sch. 2 item 105.7), amended by No. 60/1994 s. 29(7). (b) a municipal council or any member of staff of a municipal council who is authorised in writing to do so either generally or in any particular case by the municipal council; S. 77(2)(c) repealed by No. 12/1989 s. 4(1)(Sch. 2 item 105.8), new s. 77(2)(c) inserted by No. 60/1994 s. 29(8), amended by Nos 46/1998 s. 7(Sch. 1), 74/2000 s. 3(Sch. 1 item 110.2), 50/2012 s. 29(11), 43/2013 s. 53(2), 70/2013 s. 4(Sch. 2 item 44.11), 70/2016 s. 41(10)(a)[[12]](#endnote-13), 68/2017 s. 79(6), 63/2017 s. 21(Sch. 1 item 8.4), 34/2023 s. 127(Sch. 1 item 13.3(a)). (c) any employee in the Department, or person employed in Safe Transport Victoria, who is authorised in writing to do so either generally or in any particular case by the Secretary or the Head, Transport for Victoria; S. 77(2)(ca) inserted by No. 25/2025 s. 9(1). (ca) a Victoria Police employee or a member of a class of Victoria Police employee who is authorised in writing to do so either generally or in any particular case by the Chief Commissioner of Police, if the offence is— (i) an offence to which section 66 applies; and (ii) not an excessive speed infringement; S. 77(2)(d) amended by Nos 19/1991 s. 20(2), 54/2001 s. 2(Sch. item 2.2), repealed by No. 49/2019 s. 116(Sch. 1 item 160(a)). S. 77(2)(da) inserted by No. 4/2001 s. 29(4). (da) the presiding officers of the Legislative Council and the Legislative Assembly, if the offence occurs on the Parliamentary reserve; S. 77(2)(db) inserted by No. 69/2007 s. 73(1), amended by No. 6/2010 s. 203(1) (Sch. 6 item 42.2) (as amended by No. 45/2010 s. 22). (db) a person authorised under section 229(1AA) of the **Transport (Compliance and Miscellaneous) Act 1983** to bring a proceeding for a ticket offence (within the meaning of section 208 of that Act), if the offence against this Act or the regulations occurs on or in a park and ride facility; S. 77(2)(dc) inserted by No. 41/2020 s. 29(1). (dc) a member of staff of the Regulator authorised in writing to do so either generally or in any particular case by the Secretary or the Regulator; (e) any officer who is 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 or premises which are vested in, or under the control of, that public authority or person. S. 77(2A)(2B) inserted by No. 101/2003 s. 24(1), repealed by No. 69/2007 s. 73(2). S. 77(3) amended by Nos 44/1989 s. 41(Sch. 2 item 34.4), 19/1991 s. 20(2), 60/1994 s. 29(9)(a)(b), 46/1998 s. 7(Sch. 1), 14/2000 s. 19(2)(a)(b), 74/2000 s. 3(Sch. 1 item 110.3 (a)(b)), 54/2001 s. 2(Sch. item 2.3), 50/2012 s. 29(11), 43/2013 s. 53(3), 70/2013 s. 4(Sch. 2 item 44.11), 37/2014 s. 10(Sch. item 147.27(b)), 70/2016 s. 41(10)(b), 63/2017 s. 21(Sch. 1 item 8.5), 49/2019 s. 116(Sch. 1 item 160(b)), 34/2023 s. 127(Sch. 1 item 13.3(b)), 25/2025 s. 9(2). (3) If proceedings are taken by a police officer or a Victoria Police employee or an employee in the Department or a person employed in Safe Transport Victoria or a protective services officer the proceedings may be conducted before the court by any other police officer or Victoria Police employee or employee in the Department or person employed in Safe Transport Victoria or protective services officer, as the case requires. S. 77(3A) inserted by No. 69/2007 s. 73(3), amended by Nos 50/2012 s. 29(11), 70/2013 s. 4(Sch. 2 item 44.11), 70/2016 s. 41(10)(c). (3A) If proceedings are taken by a person referred to in subsection (2)(db), the proceedings may be conducted before the court by any employee in the Department. (4) Proceedings for any offence which relates to the parking or leaving standing of a vehicle may be taken by any officer appointed 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 or premises which are vested in, or under the control of, that public authority or person. S. 77(5) amended by Nos 57/1989 s. 3(Sch. item 173.16), 68/2009 s. 97(Sch. item 106.12). (5) Any money that is recovered by way of fine for a prescribed offence must be paid into the Consolidated Fund, unless the charge-sheet charging the offence is filed by an officer who is appointed by a public authority or by any other person who is prescribed for the purposes of this subsection, in which case the money that is recovered by way of fine must be paid into the prescribed fund in respect of that public authority or person. S. 77(5A) inserted by No. 101/2003 s. 24(2), amended by Nos 76/2010 s. 40(1), 41/2020 s. 29(2). (5A) Despite subsection (5), any money that is recovered by way of fine by a person referred to in subsection (2)(db) or (dc) must be paid into the Consolidated Fund. S. 77(6) substituted by No. 4/2001 s. 29(5). (6) If a parking infringement (other than a parking infringement involving a contravention of section 90E) or other offence prescribed for the purposes of section 3(1A) occurs on land which is part of the Parliamentary reserve, no prosecution may be taken in respect of it except on the written direction of a presiding officer authorising the prosecution either generally or in a particular case. S. 77(7) substituted by No. 4/2001 s. 29(5). (7) In a prosecution for an offence in relation to a parking infringement (other than a parking infringement involving a contravention of section 90E) or other offence prescribed for the purposes of section 3(1A) occurring on the Parliamentary reserve, a certificate which purports to be signed by a presiding officer stating that a person is authorised to take proceedings in respect of that parking infringement or offence is evidence, and, in the absence of evidence to the contrary, is proof, that the person is so authorised. S. 77(8) substituted by No. 4/2001 s. 29(5). (8) All courts must take judicial notice of the signature of a presiding officer on a certificate referred to in subsection (7). S. 77A inserted by No. 110/2004 s. 34, amended by Nos 56/2008 s. 45, 68/2009 s. 97(Sch. item 106.13), 30/2013 s. 60(Sch. item 8.14), substituted by No. 25/2025 s. 10. **77A Extension of time limit for certain prosecutions** Despite anything to the contrary in section 7(1) of the **Criminal Procedure Act 2009**, a proceeding for— (a) a summary offence under section 61 or 61A; or (b) an offence under Division 4 of Part 10 against a person in any capacity other than as a driver or operator of a vehicle— may be commenced within 2 years after the commission of the alleged offence. S. 77B inserted by No. 110/2004 s. 34, repealed by No. 30/2013 s. 60(Sch. item 8.15). S. 78 amended by Nos 57/1989 s. 3(Sch. item 173.17(a)–(c)), 49/1991 s. 119(7) (Sch. 4 item 17.3), 89/1991 s. 15, repealed by No. 41/1992 s. 5, new s. 78 inserted by No. 94/2003 s. 19.