179Prosecutions

179 Prosecutions

(1) Proceedings for an offence against a provision of this Act or of regulations made under this Act may only be brought by—

S. 179(1)(a) substituted by No. 37/2014 s. 10(Sch. item 183.2).

(a) a police officer; or

S. 179(1)(ab) inserted by No. 90/2003 s. 11(1), substituted by No. 29/2007 s. 11.

(ab) in the case of an offence against section 78H or 78O, in relation to a plan of a licensee, an authorised water officer appointed by the licensee; or

(b) a prescribed person or a person included in a prescribed class of persons.

S. 179(1A) inserted by No. 22/1999 s. 9.

(1A) Without limiting section 184, regulations made for the purposes of subsection (1)(b) may prescribe a person or a class of persons in relation to all offences against this Act or the regulations made under this Act or in relation to a specified offence or class of offence.

(2) In a proceeding for an offence referred to in subsection (1) it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorised to bring it.

S. 179(3) inserted by No. 90/2003 s. 11(2).

(3) An employee of a licensee may only be authorised by a licensee under subsection (1)(ab) if the licensee is satisfied that the employee is appropriately qualified and trained.

Ss 180, 181 repealed by No. 17/2012 s. 79.

S. 182 amended by No. 12/1996 s. 22, repealed by No. 17/2012 s. 79.

S. 183 amended by No. 21/2012
s. 239(Sch. 6 item 47), repealed by No. 17/2012 s. 79.

S. 183A inserted by No. 52/1998
s. 311(Sch. 1 item 106.2), substituted by No. 22/1999 s. 10, repealed by No. 17/2012 s. 79.