Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 313

313 Existing proceedings

(1) This section applies to the following proceedings started before the commencement—

(a) a proceeding for an offence against this Act started by—

(i) the regulator; or

(ii) for a category 1 offence or category 2 offence—an inspector under section 230 (1) (b) of the pre-amended Act;

(b) a proceeding for a contravention of a WHS civil penalty provision;

(c) an appeal against a decision made on a proceeding mentioned in paragraph (a) or (b) .

(2) If, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement the WHS prosecutor becomes a party to the proceeding in place of—

(a) the regulator; or

(b) for a proceeding mentioned in subsection (1) (a) (ii) or a proceeding mentioned in subsection (1) (b) taken by an inspector under section 260 (b) of the pre-amended Act—the inspector.

(3) Schedule 2 , section 47 applies to the regulator in relation to the proceeding.