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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 579

Summary proceedings for offences other than against ch 8

579 Summary proceedings for offences other than against ch 8

(1) This section applies to a proceeding for an offence against this Act other than chapter 8 .
(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—
(a) the Regulator; or
(b) a person authorised for the purpose by the Regulator; or
(c) the Attorney-General.
(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—
(a) the Regulator or WorkCover; or
(b) a person authorised for the purpose by the Regulator or WorkCover; or
(c) the Attorney-General.
(3) A proceeding, other than a proceeding for a claim farming offence, must start—
(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;
whichever is the later.
(3A) A proceeding for a claim farming offence must start within the later of—
(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.
(4) All penalties recovered under a proceeding are to be paid—
(a) if a proceeding was brought by the Regulator—to the Regulator; or
(b) if a proceeding was brought by WorkCover—to WorkCover.
(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 .
(6) In this section—

"claim farming offence" means an offence against chapter 6B .

"prescribed offence" means—
(a) an offence against section 486B (2) ; or
(b) an offence against chapter 12 , part 2 ; or
(c) an offence against section 136 connected with an offence against section 533 ; or
(d) a claim farming offence.



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