Victorian Current Acts Victorian Current Acts(1) A charge-sheet charging an offence against—
(a) this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 ; or
(b) the Crimes Act 1958 which occurs in connection with a claim for compensation under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 —
may be filed by the Authority or by any person authorised by the Authority to file charge-sheets on behalf of the Authority.
S. 608(2) amended by No. 6/2018 s. 68(Sch. 2 item 140.3).
(2) An affidavit for use in proceedings relating to a charge specified in subsection (1) may be sworn or affirmed and taken before a person authorised by the Authority for this purpose.
(3) Any prosecution instituted in the name of the Authority is, in the absence of evidence to the contrary, to be taken to have been instituted by the authority of the Authority.
(4) A person referred to in subsection (1) may appear on behalf of the Authority or the Minister, as the case requires, in any proceedings for an offence referred to in that subsection.
(5) Despite any law to the contrary, proceedings may be instituted for an offence against section 73(1) or (2), 103(1), 108, 179(3) or (4), 434(3), 575, 581, 583, 584 or 585 of this Act or section 114D(2) of the Accident Compensation Act 1985 within 3 years after the alleged offence occurred.
S. 608(5A) inserted by No. 48/2017 s. 39.
(5A) Despite any law to the contrary, a proceeding for an offence against Part 8 must be commenced within 12 months after the date on which the Authority becomes aware that an offence has been committed.
(6) The Authority must make guidelines in accordance with section 612 for or with respect to the prosecution of offences under this Act.
(7) The Subordinate Legislation Act 1994 does not apply to the first guidelines made for or with respect to the prosecution of offences under this Act.
Division 11—Directions and guidelines