Queensland Consolidated Acts

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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 579

579 Summary proceedings for offences other than against ch 8

(1) This section applies to a proceeding for an offence against this Act other than chapter 8.

(1A) A proceeding for an offence committed by an insurer against section 486B(2) is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of—

(a) the chief executive officer of the Authority; or
(b) a person authorised for the purpose by the chief executive officer of the Authority; or
(c) the Attorney-General.

(2) A proceeding for an offence other than an offence against section 486B(2) is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of—

(a) the chief executive officer of the Authority or WorkCover; or
(b) a person authorised for the purpose by the chief executive officer of the Authority or WorkCover; or
(c) the Attorney-General.

(3) A proceeding must start—

(a) within 1 year after the commission of the offence; or
(b) within 6 months after the commission of the offence comes to the knowledge of—
(i) for a proceeding mentioned in subsection (1A)—the chief executive officer of the Authority; or
(ii) for a proceeding mentioned in subsection (2)—the chief executive officer of the Authority or WorkCover;

whichever is the later.

(4) All penalties recovered under a proceeding are to be paid—

(a) if a proceeding was brought by the Authority—to the Authority; or
(b) if a proceeding was brought by WorkCover—to WorkCover.

(5) A person aggrieved by a decision of the industrial magistrate in the proceeding may appeal against the decision to a District Court judge under the Justices Act 1886.



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