South Australian Current Acts South Australian Current Acts (1) Subject to
subsection (9), proceedings for an offence against this Act may only be
brought by—
(a) the
regulator; or
(b) an
inspector with the written authorisation of the regulator (either generally or
in a particular case).
(2) An authorisation
under subsection (1)(b) is sufficient authority to continue proceedings
in any case where the court amends the charge, warrant or summons.
(3) The regulator must
issue, and publish on the regulator's website, general guidelines in relation
to—
(a) the
prosecution of offences under this Act; and
(b) the
acceptance of WHS undertakings under this Act.
(3a) The South
Australian Employment Court is conferred with jurisdiction to try a charge for
a summary offence or a minor indictable offence (if such an offence is to be
dealt with as a summary offence) under this Act.
(4) Subject to
subsection (6), an indictable offence against this Act may be charged on
complaint and, in such a case, the offence will be taken to be a summary
offence but if the South Australian Employment Court determines that a person
found guilty of such an offence should be subject to a fine exceeding
$300 000 the court may remand the defendant to appear for sentence in the
District Court.
(5) An offence
constituted by a summary offence under subsection (4) will be taken to be
a summary offence that lies within the jurisdiction of the South Australian
Employment Court.
(6)
Subsection (4) does not apply to or in relation to—
(a1) an
industrial manslaughter offence; or
(a) a
Category 1 offence; or
(b) a
Category 2 offence where the alleged offender is a body corporate; or
(c) a
Category 3 offence where the alleged offender is a body corporate.
(7) Subject to
subsection (10), committal proceedings for a minor indictable offence
under this Act must be conducted by a magistrate who is a member of the South
Australian Employment Court.
(8) A charge for a
minor indictable offence under this Act that is to be dealt with as a charge
for a summary offence under the Summary Procedure Act 1921 will be heard
by a magistrate who is a member of the South Australian Employment Court (and
the Court is vested with jurisdiction to deal with the matter).
(9) Nothing in this
section affects the ability of the Director of Public Prosecutions to bring
proceedings for an offence against this Act.
(10) Despite
subsections (7) and (8) or any other provision of this Act, a
summary or minor indictable offence against this Act that is charged on the
same information as a major indictable offence against this Act or any other
Act will be dealt with according to the procedures applicable to major
indictable offences under the Criminal Procedure Act 1921 .
Note—
See section 102(3) of the Criminal Procedure Act 1921 .
(11) Section 6A(3) of
the South Australian Employment Tribunal Act 2014 does not apply in
relation to a summary or minor indictable offence referred to in
subsection (10).
(12) To avoid doubt,
an information for a major indictable offence against this Act must be laid in
the Magistrates Court and be dealt with according to the procedures applicable
to major indictable offences under the Criminal Procedure Act 1921 .