Section 119J notices issued by council investigation officers during investigations into alleged breaches of the Environmental Planning and Assessment Act 1979 are not ultra vires merely because the officer contemplates that a criminal prosecution is likely. The principle in Zhang v Woodgate — that s 119J notices cannot be used to advance a prosecution — applies only once criminal proceedings have actually been commenced. The statutory context, including ss 119F and 119S, expressly contemplates that information gathered during investigations may be used in later criminal proceedings.
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