sec.579Summary proceedings for offences other than against ch 8

### sec.579 Summary proceedings for offences other than against ch 8 This section applies to a proceeding for an offence against this Act other than chapter 8 . A proceeding for a prescribed offence is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of— the Regulator; or a person authorised for the purpose by the Regulator; or the Attorney-General. A proceeding for an offence other than a prescribed offence is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of— the Regulator or WorkCover; or a person authorised for the purpose by the Regulator or WorkCover; or the Attorney-General. A proceeding, other than a proceeding for a claim farming offence, must start— within 1 year after the commission of the offence; or within 6 months after the commission of the offence comes to the knowledge of— for a proceeding mentioned in subsection (1A) —the Regulator; or for a proceeding mentioned in subsection (2) —the Regulator or WorkCover; whichever is the later. A proceeding for a claim farming offence must start within the later of— 2 years after the commission of the offence; or 6 months after the commission of the offence comes to the knowledge of the Regulator. All penalties recovered under a proceeding are to be paid— if a proceeding was brought by the Regulator—to the Regulator; or if a proceeding was brought by WorkCover—to WorkCover. A person aggrieved by a decision of the industrial magistrate in the proceeding may appeal against the decision to a District Court judge under the Justices Act 1886 . In this section— claim farming offence means an offence against chapter 6B . prescribed offence means— an offence against section 486B (2) ; or an offence against chapter 12 , part 2 , 3 or 4 ; or an offence against section 136 connected with an offence against section 533 ; or a claim farming offence. s 579 amd 2004 No. 45 s 84 ; 2005 No. 50 s 47 ; 2013 No. 52 s 102 ; 2016 No. 44 s 45 ; 2022 No. 13 s 64 ; 2024 No. 40 s 56 (sec.579-ssec.1) This section applies to a proceeding for an offence against this Act other than chapter 8 . (sec.579-ssec.1A) A proceeding for a prescribed offence is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of— the Regulator; or a person authorised for the purpose by the Regulator; or the Attorney-General. (sec.579-ssec.2) A proceeding for an offence other than a prescribed offence is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of— the Regulator or WorkCover; or a person authorised for the purpose by the Regulator or WorkCover; or the Attorney-General. (sec.579-ssec.3) A proceeding, other than a proceeding for a claim farming offence, must start— within 1 year after the commission of the offence; or within 6 months after the commission of the offence comes to the knowledge of— for a proceeding mentioned in subsection (1A) —the Regulator; or for a proceeding mentioned in subsection (2) —the Regulator or WorkCover; whichever is the later. (sec.579-ssec.3A) A proceeding for a claim farming offence must start within the later of— 2 years after the commission of the offence; or 6 months after the commission of the offence comes to the knowledge of the Regulator. (sec.579-ssec.4) All penalties recovered under a proceeding are to be paid— if a proceeding was brought by the Regulator—to the Regulator; or if a proceeding was brought by WorkCover—to WorkCover. (sec.579-ssec.5) A person aggrieved by a decision of the industrial magistrate in the proceeding may appeal against the decision to a District Court judge under the Justices Act 1886 . (sec.579-ssec.6) In this section— claim farming offence means an offence against chapter 6B . prescribed offence means— an offence against section 486B (2) ; or an offence against chapter 12 , part 2 , 3 or 4 ; or an offence against section 136 connected with an offence against section 533 ; or a claim farming offence. - (a) the Regulator; or - (b) a person authorised for the purpose by the Regulator; or - (c) the Attorney-General. - (a) the Regulator or WorkCover; or - (b) a person authorised for the purpose by the Regulator or WorkCover; or - (c) the Attorney-General. - (a) within 1 year after the commission of the offence; or - (b) within 6 months after the commission of the offence comes to the knowledge of— (i) for a proceeding mentioned in subsection (1A) —the Regulator; or (ii) for a proceeding mentioned in subsection (2) —the Regulator or WorkCover; - (i) for a proceeding mentioned in subsection (1A) —the Regulator; or - (ii) for a proceeding mentioned in subsection (2) —the Regulator or WorkCover; - (i) for a proceeding mentioned in subsection (1A) —the Regulator; or - (ii) for a proceeding mentioned in subsection (2) —the Regulator or WorkCover; - (a) 2 years after the commission of the offence; or - (b) 6 months after the commission of the offence comes to the knowledge of the Regulator. - (a) if a proceeding was brought by the Regulator—to the Regulator; or - (b) if a proceeding was brought by WorkCover—to WorkCover. - (a) an offence against section 486B (2) ; or - (b) an offence against chapter 12 , part 2 , 3 or 4 ; or - (c) an offence against section 136 connected with an offence against section 533 ; or - (d) a claim farming offence.