Queensland Numbered Acts

RESOURCES SAFETY AND HEALTH QUEENSLAND BILL 2020 - SECT 95

95 Amendment of s 118 (Proceeding for offence)

(1) Section 118 (1) , from †˜ Justices Act 1886 on’—
omit, insert—
Justices Act 1886.

(2) Section 118 —
insert—

(1A) A proceeding for an offence against this Act may only be taken on the complaint of—

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

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

(1B) However, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (2)(b).

(1C) An authorisation under subsection (3) may be general or limited to a particular proceeding or class of proceedings.

(1D) 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.

(3) Section 118 —
insert—

(7) In this section—

"serious offence" means—

(a) an offence against section 32 if the contravention—

(i) caused multiple deaths; or

(ii) caused death or grievous bodily harm; or

(iii) caused bodily harm; or

(iv) involved exposure to a substance that is likely to cause death or grievous bodily harm; or

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

(4) Section 118 (1A) to (2) —
renumber as section 118 (2) to (6) .