The Court of Appeal refused leave to appeal from a decision confirming that an offence under s 49ZTA of the Anti-Discrimination Act 1977 is a summary offence subject to the six-month prosecution time limit in s 179(1) of the Criminal Procedure Act 1986. The Court agreed with the primary judge that the offence was not a continuing one merely because its impact was felt beyond the date of the conduct, and that s 89B(2)(b) of the AD Act did not extend the time limit to 12 months. The Court did not resolve whether it had power to make orders concerning the prosecutorial functions of the DPP or Attorney General.
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