Document ID: chunk:federal_register_of_legislation:F2016C00700:clause:1_122
Version: federal_register_of_legislation:F2016C00700
Segment Type: clause
Provision Reference: sch 1 cl 122
Character Range: 141231–142585

122  Authority to take proceedings [non‑core provision]
 (1) Subject to this section, any legal proceedings for an offence against, or to recover any charge, fee or money due under this Act or the regulations may be taken only by the Rail Safety Regulator or by a person authorised by the Rail Safety Regulator for the purpose, either generally or in any particular case.
 (2) Proceedings for an offence against this Act are not to be instituted in the Supreme Court in its summary jurisdiction without the written consent of the Rail Safety Regulator or of an officer of the Rail Safety Regulator authorised by the Rail Safety Regulator for the purposes of this section.
 (3) Proceedings against the Crown or a statutory body representing the Crown for an offence against this Act or the regulations are not to be instituted without the written consent of the Minister.
 (4) In any proceedings referred to in this section, the production of an authority or consent purporting to be signed by the Rail Safety Regulator or the Minister is to be evidence of the authority or consent without proof of the signature of the Rail Safety Regulator or the Minister.
 (5) The Rail Safety Regulator may, for the purposes of sub‑section (1), authorise any person who is a member of a specified class of persons to take the actions referred to in that sub‑section.