Queensland Numbered Acts

RESOURCES SAFETY AND HEALTH QUEENSLAND BILL 2020 - SECT 125

125 Amendment of s 837 (Offences under Act are summary)

(1) Section 837 (2) —
omit, insert—

(2) A proceeding for an offence against a provision of chapter 7, 8, 9 or 10 may only be taken by—

(a) if the offence is a serious offence—the WHS prosecutor; or

(b) otherwise—the CEO or the WHS prosecutor.

(2A) However, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (2)(b).

(2B) An authorisation under subsection (3) may be general or limited to a particular proceeding or class of proceedings.

(2) Section 837 (3) , ‘ subsection (2) (c) ’—
omit, insert—
subsection (3)

(3) Section 837 —
insert—

(7) In deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984 , section 11.

(8) In this section—

"serious offence" means—

(a) an offence against chapter 9 if the act or omission that constitutes the offence caused any of the following circumstances—

(i) the death of, or grievous bodily harm to, more than 1 person;

(ii) the death of, or grievous bodily harm to, only 1 person;

(iii) the exposure of anyone to a substance likely to cause death or grievous bodily harm;

(iv) bodily harm; or

(b) an offence prescribed by regulation for this paragraph.

(4) Section 837 (2A) to (4) —
renumber as section 837 (3) to (6) .