Section 163
Compounding of offences
of Water Services Industry Act 2006
(1)
The Minister may prescribe any offence under this
Act or its subsidiary legislation as an offence which may be compounded.
(2)
The Commission, with the consent in writing of the Public
Prosecutor, may at any time before a charge is being instituted compound any of the offences prescribed under subsection (1) as an offence which may be compounded by accepting from the person reasonably suspected of having committed the offence a sum of money not exceeding fifty per centum of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in his written offer.
(3)
An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and where the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Commission may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(4)
Where an offence has been compounded under subsection
(2)
, no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any document or thing seized in connection with the offence may be released by Commission, subject to such terms and conditions as it thinks fit.
(5)
All sums of money accepted under subsection (2) shall be paid into the Federal Consolidated Fund.
Prosecution 164.
No prosecution for an offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor.