(1) Except as
otherwise expressly provided by any Act or law, proceedings for an offence in
relation to any Act or law that confers functions or powers on the
Commissioner may be taken by the Commissioner or, with the written consent of
the Minister, by any person.
(2) Nothing in
subsection (1) applies to or affects the power of the Commissioner to take
proceedings subject to and in accordance with the Companies (Western
Australia) Code 4 , the Securities Industry (Western Australia) Code 4 , the
Companies (Acquisition of Shares) (Western Australia) Code 4 or the Companies
and Securities (Interpretation and Miscellaneous Provisions) (Western
Australia) Code 4 .