Western Australian Current Acts Western Australian Current Acts (1) Proceedings in
respect of a Tier 1 offence, whether by way of —
(a)
giving a modified penalty notice under section 99A(2)(b); or
(b)
prosecution for the offence,
as determined by the
CEO, are not to be instituted otherwise than by the CEO.
(1a) Subject to
subsections (3) and (4), proceedings in respect of a Tier 2 offence, whether
by way of —
(a)
giving a modified penalty notice under section 99A; or
(b)
prosecution for the offence,
as determined by the
CEO, are not to be instituted otherwise than by the CEO.
(1b) Subject to
section 79(2) and (3), a prosecution for a Tier 3 offence or an offence under
a regulation is not to be instituted otherwise than by —
(a) the
CEO; or
(b) an
authorised person acting under a power which that person is entitled by an
authority issued under section 87 to exercise.
(1c) The Minister is
not to give a direction or instruction to the CEO in respect of the giving of
a modified penalty notice or an infringement notice or the institution of a
prosecution.
[(2) deleted]
(3) A prosecution for
an offence under section 49A(2) or (3), 81(2), 82(2), 83 or 93 may be
instituted by any of the following —
(a) the
CEO;
(b) a
police officer, acting with the consent of the CEO;
(c) the
chief executive officer of a local government, acting with the consent of the
CEO.
(4) If the CEO has
delegated a power under section 65(1) to a local government or the chief
executive officer or an employee of a local government, a prosecution for an
offence under section 65(5) in respect of a failure to comply with a
requirement contained in an environmental protection notice caused to be
served under section 65(1) by that local government, chief executive officer
or employee may be instituted by the CEO or the chief executive officer of the
local government.
[Section 114 amended: No. 50 of 1996 s. 12; No. 14
of 1998 s. 17; No. 54 of 2003 s. 133 and 140(2); No. 48 of 2010 s. 10; No. 40
of 2020 s. 95.]