A prosecutor may rely on either or both of the limitation periods in s 190(1)(a) and s 190(1)(b) of the National Parks and Wildlife Act 1974 (NSW) without being required to elect between them; the accused's liability is not extinguished until the later of the two periods expires. Circumstantial evidence giving rise to a reasonable belief that offences have been committed does not constitute 'evidence of any act or omission constituting the offence' for the purposes of starting time running under s 190(1)(b). The old rule that exceptions in favour of the prosecutor in limitation provisions must be strictly construed must be doubted in light of The Queen v A2.
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