Western Australian Current Acts

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PUBLIC HEALTH ACT 2016 - SECT 280

280 .         Commencing proceedings

        (1)         Proceedings for an offence under this Act (other than an offence under section 202MN(1)) may be commenced —

            (a)         by the Chief Health Officer or by an authorised officer authorised in writing by the Chief Health Officer; or

            (b)         by a local government, by the chief executive officer of a local government or by an authorised officer authorised in writing by the local government; or

            (c)         by an enforcement agency of a kind referred to in paragraph (c) of the definition of enforcement agency in section 4(1) or by an authorised officer authorised in writing by an enforcement agency of that kind.

        (2)         Subsection (1) does not limit the ability of a person to commence or conduct the prosecution of an offence if the person has authority at law to do so.

        (3)         Proceedings for an offence under section 202MN(1) may only be commenced by a person referred to in the Criminal Procedure Act 2004 section 20(3)(a)(ii) or (iii) or (b).

        [Section 280 amended: No. 14 of 2019 s. 11; No. 20 of 2023 s. 12.]



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