Transport (Safety Schemes Compliance and Enforcement) Act 2014
105Who may commence proceedings for offences against this Act or a transport safety law
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105 Who may commence proceedings for offences against this Act or a transport safety law
S. 105(1) amended by No. 41/2019 s. 73(2)(a).
(1) A proceeding under this Act or a transport safety law (including a proceeding for an offence against this Act or a transport safety law) may only be commenced by—
S. 105(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.32).
S. 105(1)(b) amended by No. 34/2023 s. 127(Sch. 1 item 18.32).
(b) a transport safety officer with the written authorisation of Safe Transport Victoria (either generally or in a particular case); or
(c) a police officer.
(2) An authorisation under subsection (1)(b) is sufficient authority to continue a proceeding in any case where the court amends the charge-sheet, warrant or summons.
(3) A transport safety officer who commences a proceeding may conduct the proceeding before the court.
(4) Without limiting section 328 of the Criminal Procedure Act 2009, the person commencing a proceeding under subsection (1) may appear—
S. 105(4)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.32).
(a) by another person authorised by Safe Transport Victoria; or
(b) even if the informant is not a police officer, by a police prosecutor.
S. 105(5) amended by No. 41/2019 s. 73(2)(b).
(5) Despite subsection (1), the Director of Public Prosecutions may commence a proceeding for an indictable offence against this Act or a transport safety law.
S. 106 (Heading) amended by No. 41/2019 s. 74(1).
S. 106 amended by No. 41/2019 s. 74(2).