An employee of a public authority who commences a prosecution for an offence under a statute administered by that authority is 'acting in the course of his or her duties' within s 20(3)(a)(i) of the Criminal Procedure Act 2004 (WA) without the need for express statutory authorisation to prosecute, provided the person's actions are performed in the discharge of duties or functions as an employee and are connected with the alleged offences. The presumption of regularity applies to the question of prosecutorial authority. Section 32(7) of the Taxi Act 1994 (WA) permits an authorised officer to require production of documents after the suspected contravention has occurred and is not confined to the time of driving; the provision abrogates the privilege against self-incrimination.
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