Social Welfare Act, 1999

Prosecution of offences.

28.—(1) Section 224 of the Principal Act is hereby amended by the substitution for subsections (1) and (2) of the following subsections:

“(1) A prosecution for a summary offence may be brought at the suit of—

(a) the Minister,

(b) a health board in any case arising out of the exercise of its functions under this Act, where the offence has occurred within its functional area, or

(c) the Collector-General in any case arising out of the exercise of his or her functions under this Act.

(2) An officer of the Minister shall not institute any summary proceedings for an offence under this Act at the suit of the Minister unless he or she is authorised in that behalf by special or general directions of the Minister or the Minister has consented to the initiation of such proceedings.”

(2) The Principal Act is hereby amended by the insertion after section 224 of the following section:

“Civil proceedings under Act may be brought by or against Criminal Assets Bureau.

224A. Any proceedings, other than for the prosecution of an offence, arising out of the exercise by an officer of the Minister who is a bureau officer, of his or her powers or duties under this Act may be brought by or against the Criminal Assets Bureau.”.