Who may commence prosecution
105 Who may commence prosecution
A prosecution for an offence under the Road Traffic Act 1974, other than an offence under Part 6A of that Act or a regulation made for the purposes of Part 6A of that Act, can be commenced only by —
a police officer; or
a person authorised under section 23; or
a person authorised to do so by the Commissioner of Police; or
a person authorised to do so by the CEO.
A prosecution for an offence under a road law, other than an offence to which subsection (1) applies, can be commenced only by —
a police officer; or
a person authorised under section 22; or
a person authorised to do so by the CEO.
Nothing in this section affects the operation of the Director of Public Prosecutions Act 1991 section 11.
A prosecution for an offence under the Road Traffic (Vehicles) Act 2012 section 29(1) requires the approval of a prescribed person or a person of a prescribed class of persons.
Failure to comply with subsection (3A) does not affect the validity of the prosecution notice.
[Section 105 amended: No. 8 of 2012 s. 219; No. 38 of 2020 s. 26; No. 15 of 2024 s. 26.]
This provision refers to the regulations (prescribed person
, prescribed class
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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