Western Australian Current Acts

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20 .         Who can commence prosecution

        (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;


            (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.]

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