Who can prosecute under this Act?
55 Who can prosecute under this Act?
A prosecution for an offence against this Act may only be brought by—
a person authorised by—
the Minister; or
the Secretary, if the Minister has authorised the Secretary to give such an authorisation; or
S. 55(1)(a)(iii) amended by No. 108/2004 s. 117(1) (Sch. 3 item 147.1).
a person employed in the Department under Part 3 of the Public Administration Act 2004 who the Minister has authorised to give such an authorisation; or
an officer of the Textile Clothing and Footwear Union of Australia (Victorian Branch).
Any authorisation for the purposes of subsection (1)(a)—
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 notice in writing.
The revocation of an authorisation does not affect any proceedings started by a person before that person's authorisation was revoked unless the notice of revocation states otherwise.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 by or under subsection (1) to bring the prosecution; or
S. 55(5)(b) substituted by No. 18/2005 s. 18(Sch. 1 item 76), amended by No. 17/2014 s. 160(Sch. 2 item 67).
an Australian lawyer briefed by the person authorised to bring the prosecution.
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