Western Australian Current Acts Western Australian Current Acts (1) In this section,
unless the contrary intention appears —
authorised person in relation to an offence, means
—
(a) if
under another written law a person or class of person is authorised to
commence a prosecution for the offence, that person or a person of that class;
or
(b) in
any other case, a person —
(i)
who is a public authority or an employee of a public
authority; or
(ii)
who is authorised in writing by a public authority to
commence a prosecution for the offence.
(2) If another written
law limits who may commence a prosecution for an offence, a prosecution for
the offence may only be commenced in accordance with that law.
(3) Subject to
subsection (2), a prosecution for an offence may be commenced by, and only by
—
(a) one
of the following acting in the course of his or her duties —
(i)
an authorised person in relation to the offence;
(ii)
a person referred to in section 80(2)(a) to (e);
(iii)
a police officer;
or
(b) a
person who, acting in accordance with the terms of an appointment made under
section 182, may prosecute the offence.
(4) This section does
not affect the operation of an enactment that requires a person’s
consent, approval or authority to be given for the commencement of a
prosecution for an offence.
(5) A person acting in
his or her private capacity cannot commence a prosecution, unless another
written law expressly provides otherwise.
(6) This section does
not limit the functions of the DPP under the
Director of Public Prosecutions Act 1991 .
[Section 20 amended: No. 2 of 2008 s. 15.]