Victorian Current Acts Victorian Current ActsS. 241(1) amended by No. 47/2017 s. 13.
(1) Proceedings for a summary offence against Part 3, 4, 5, 7 or 8 or the building regulations within a municipal district may be brought by—
(a) a person authorised by the council; or
(b) a prescribed person or a person in a prescribed class of persons.
S. 241(1A) inserted by No. 85/2000 s. 12, repealed by No. 46/2008 s. 248(8).
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S. 241(2) repealed by No. 15/2016 s. 18(7).
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S. 241(2A) inserted by No. 39/1996 s. 8(4), amended by No. 75/1998 s. 5(g), substituted by No. 91/2000 s. 38, amended by No. 39/2005 s. 54, substituted by No. 34/2013 s. 32(1).
(2A) Proceedings for an offence against Part 12A or any regulations made for the purposes of that Part may be brought by Energy Safe Victoria.
S. 241(2B) inserted by No. 91/2000 s. 38, amended by Nos 34/2013 s. 32(2), 15/2016 s. 18(13).
(2B) Proceedings to recover money payable under Part 11 or 12A may be brought by the Authority or any person authorised by the Authority.
(3) Proceedings for any offence against this Act or the regulations may be brought by—
S. 241(3)(a) amended by No. 34/2013 s. 32(3).
(a) the Authority; or
S. 241(3)(b) amended by No. 34/2013 s. 32(3).
(b) any person authorised by the Minister or the Authority; or
S. 241(3)(c) amended by No. 37/2014 s. 10(Sch. item 9.2).
(c) a police officer.
S. 241(3A) inserted by No. 4/2024 s. 14.
(3A) A proceeding for an offence against section 43B(1) or (2) of the Domestic Building Contracts Act 1995 may be commenced by—
(a) the Authority; or
(b) a natural person authorised by the Minister or the Authority.
(4) An authority given by any person or body under this section must be in writing and may be given generally or in relation to a particular matter.
(5) Until evidence is given to the contrary proof is not required of any authority to bring proceedings under this section.
(6) No person other than a person authorised by or under this section may bring proceedings for an offence against this Act or the regulations.
S. 241(7) amended by No. 21/2017 s. 50(1), substituted by No. 21/2017 s. 50(2).
(7) Despite anything in any Act, proceedings for an offence against this Act (except proceedings for an offence against section 16B(1) or (3)) or the regulations may be commenced within the longer of the following periods in relation to an alleged offence—
(a) within the period of 3 years after the commission of the alleged offence;
(b) in relation to proceedings under subsection (1), within 2 years after the commission of the alleged offence first came to the attention of the relevant council or the Authority;
(c) in relation to proceedings under subsection (2A), within 2 years after the commission of the alleged offence first came to the attention of Energy Safe Victoria or the Authority;
(d) in relation to any other proceedings under this Act or the regulations, within 2 years after the commission of the alleged offence first came to the attention of the Authority.
S. 241(8) inserted by No. 21/2017 s. 50(2).
(8) Despite subsection (7), proceedings must not be commenced more than 10 years after the commission of an alleged offence.
S. 241A inserted by No. 91/1995 s. 154, amended by No. 15/2016 s. 18(1), substituted by No. 21/2017 s. 15.