Who can prosecute under this Act?
40 Who can prosecute under this Act?
S. 40(1) substituted by No. 14/2021 s. 69.
A prosecution for an offence against this Act may only be brought by—
S. 40(1)(a) amended by No. 35/2025 s. 79.
the Workforce Inspectorate Victoria; or
S. 40(1)(b) amended by No. 35/2025 s. 79.
a person employed under Part 3 of the Public Administration Act 2004 who is authorised by the Workforce Inspectorate Victoria to bring a prosecution; or
a prescribed person.
An authorisation—
must be in writing; and
may be given generally, or only in relation to a particular case or cases, or a particular class of case or cases; and
may be revoked by the person who gave it at any time by written notice.
The revocation of an authorisation does not affect a proceeding commenced by a person before that person's authorisation was revoked unless the notice of revocation states otherwise.
In a prosecution for an offence under this Act, the Industrial Division of the Magistrates' Court must presume, in the absence of evidence to the contrary, that the prosecutor is authorised to bring the prosecution.
A prosecution may only be conducted by—
the person authorised to bring the prosecution; or
an Australian lawyer briefed by the person authorised to bring the prosecution.
S. 41 (Heading) amended by No. 14/2021 s. 70(1).
S. 41 amended by No. 14/2021 s. 70(3) (ILA s. 39B(1)).
This Act’s bill:Explanatory memorandumSecond reading speech
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