When must prosecutions begin?
192 When must prosecutions begin?
A prosecution for the following offences against an ACT law may be begun at any time:
an offence by an individual punishable by imprisonment for longer than 6 months;
an offence by a corporation punishable by a prescribed fine;
Note See s 161 for the fines that may be imposed on a corporation for offences punishable only by imprisonment.
an aiding and abetting offence by an individual in relation to an offence by a corporation punishable by a prescribed fine.
A prosecution for any other offence against an ACT law must be begun not later than—
1 year after the day of commission of the offence; or
if an ACT law provides for another period—that period.
However, if a coroner’s inquest or inquiry, or an inquiry under the Inquiries Act 1991 or the Royal Commissions Act 1991, is held into a matter that discloses or is otherwise found to relate to an offence mentioned in subsection (2), a prosecution for the offence may be begun not later than 1 year after the day when—
the coroner’s report is made; or
the report of the board of inquiry or royal commission is given to the Chief Minister.
In this section:
aiding and abetting offence means an offence against the Criminal Code, section 45 (Complicity and common purpose).
prescribed fine, for an offence, means—
if the penalty for the offence is expressed in penalty units—100 penalty units or more; or
if the penalty for the offence is expressed as an amount of money—$50 000 or more.
This Act’s bill:Explanatory statementSecond reading speech
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