Western Australian Current Acts Western Australian Current Acts (1) In this section
—
prosecution proceedings means proceedings referred
to in section 244C(1).
(2) For the purposes
of prosecution proceedings —
(a) the
responsible agency —
(i)
must be specified in the prosecution notice or indictment
for the offence; and
(ii)
is entitled to act for the Crown in the proceedings; and
(iii)
subject to any rules of court, has the procedural rights
and obligations of the Crown as the accused in the proceedings;
and
(b) the
person prosecuting the offence may during the proceedings, with the leave of
the court, substitute another responsible agency for the agency in the
proceedings.
(3) In prosecution
proceedings a person authorised by the chief executive of the responsible
agency concerned may act on behalf of the agency, and it is not necessary for
proof to be given of the authority of the person to do so.
(4) It is sufficient
service of a document required to be served on a responsible agency for the
purposes of prosecution proceedings if the document —
(a) is
delivered to a person who is or appears to be the chief executive of the
responsible agency, or a person acting as such, at a place of business of the
responsible agency; or
(b) is
sent by pre-paid letter addressed and posted to the responsible agency at its
principal place of business in the State.