Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LONG SERVICE LEAVE ACT 2018 (NO. 12 OF 2018) - SECT 40

Who can prosecute under this Act?

    (1)     A prosecution for an offence against this Act may only be brought by a person employed in the Department of Economic Development, Jobs, Transport and Resources under Part 3 of the Public Administration Act 2004 who is authorised by the Minister or the Secretary to bring a prosecution.

    (2)     An authorisation—

        (a)     must be in writing; and

        (b)     may be given generally, or only in relation to a particular case or cases, or a particular class of case or cases; and

        (c)     may be revoked by the person who gave it at any time by written notice.

    (3)     The revocation of an authorisation does not affect a proceeding commenced by a person before that person's authorisation was revoked unless the notice of revocation states otherwise.

    (4)     In a prosecution for an offence under this Act, the Industrial Division of the Magistrates' Court must presume, in the absence of evidence to the contrary, that the prosecutor is authorised to bring the prosecution.

    (5)     A prosecution may only be conducted by—

        (a)     the person authorised to bring the prosecution; or

        (b)     an Australian lawyer briefed by the person authorised to bring the prosecution.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback