(1A) If proceedings mentioned in subsection (1) are S. 96(1A) brought by a person authorised by that subsection inserted by No. 90/1989 to take those proceedings, the proceedings may be s. 5(a). conducted before the court by any other person authorised by that subsection to take proceedings of that kind. (2) All courts must take judicial notice of the fact that S. 96(2) amended by the Secretary, an authorised officer or person has Nos 90/1989 s. 5(b), valid authority to take proceedings mentioned in 76/1998 subsection (1) or conduct proceedings under s. 3(1)(z). subsection (1A) as the case requires. (3) This section does not limit the operation of S. 96(3) amended by section 46 of the National Parks Act 1975, Nos 38/1995 s. 12(c), section 50 of the Royal Botanic Gardens Act 106/1995 1991 or section 40 of the and Gardens Act 1995. s. 51(b). 97 Compensation (1) Without limiting section 86 of the Sentencing Act S. 97(1) amended by 1991, that section applies to an offence under a Nos 96/1994 relevant law as if— s. 51(a), 76/1998 s. 3(1)(z). (a) the reference in subsection (1) to property included a reference to— (i) Crown land; and (ii) any natural feature on Crown land; and (iii) any road, structure, improvement, facility or thing on Crown land— and also included a reference to property of the Secretary; and (b) subsection (1) also provided that, on the S. 97(1)(b) amended by application of the Secretary and on being Nos 57/1989 satisfied that the Secretary has incurred s. 3(Sch. item 27.4(a)(b)), charges, costs or expenses because of the 76/1998 commission of the offence a court may order s. 3(1)(z), 65/2011 the person so convicted or released or made s. 107(Sch. item 1). the subject of a community correction order to pay such compensation (not exceeding the
S. 96(1A) inserted by No. 90/1989 s. 5(a). (1A) If proceedings mentioned in subsection (1) are brought by a person authorised by that subsection to take those proceedings, the proceedings may be conducted before the court by any other person authorised by that subsection to take proceedings of that kind. S. 96(2) amended by Nos 90/1989 s. 5(b), 76/1998 s. 3(1)(z). (2) All courts must take judicial notice of the fact that the Secretary, an authorised officer or person has valid authority to take proceedings mentioned in subsection (1) or conduct proceedings under subsection (1A) as the case requires. S. 96(3) amended by Nos 38/1995 s. 12(c), 106/1995 s. 51(b). (3) This section does not limit the operation of section 46 of the National Parks Act 1975, section 50 of the Royal Botanic Gardens Act 1991 or section 40 of the and Gardens Act 1995. 97 Compensation S. 97(1) amended by Nos 96/1994 s. 51(a), 76/1998 s. 3(1)(z). (1) Without limiting section 86 of the Sentencing Act 1991, that section applies to an offence under a relevant law as if— (a) the reference in subsection (1) to property included a reference to— (i) Crown land; and (ii) any natural feature on Crown land; and (iii) any road, structure, improvement, facility or thing on Crown land— and also included a reference to property of the Secretary; and S. 97(1)(b) amended by Nos 57/1989 s. 3(Sch. item 27.4(a)(b)), 76/1998 s. 3(1)(z), 65/2011 s. 107(Sch. item 1). (b) subsection (1) also provided that, on the application of the Secretary and on being satisfied that the Secretary has incurred charges, costs or expenses because of the commission of the offence a court may order the person so convicted or released or made the subject of a community correction order to pay such compensation (not exceeding the
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