(1) An inspector may lay an information in respect of an offence under this Act unless an infringement notice has been issued to the same defendant in respect of the same matter.
(2) A person other than an inspector may lay an information in respect of an offence under this Act only if—
(a) an inspector or another person has not taken enforcement action against any possible defendant in respect of the same matter; and
(b) an enforcement authority has not taken prosecution action under any other Act against any possible defendant in respect of the same incident, situation, or set of circumstances; and
(c) any person has received notification from the Secretary under section 54(2) that an inspector has not and will not take enforcement action against any possible defendant in respect of the same matter.
(3) Despite subsection (2)(b), a person may lay an information even though an enforcement authority has taken prosecution action if—
(a) the person has leave of the court to lay the information; and
(b) subsection (2)(a) and (c) is complied with.
Section 54A: inserted, on 5 May 2003, by section 27 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).