Proceedings for offences
74 Proceedings for offences
Proceedings for an offence against this Act or the regulations may be disposed of summarily before the Local Court.
A prosecution or proceeding in respect of an offence under this Act may only be instituted by or on behalf of the Corporation, except as provided for by subsection (2A).
A prosecution or proceeding in respect of an offence against section 69, 69A or 69C that relates to a benefit from the Secretary or fraud against the Secretary may be instituted by or on behalf of the Secretary.
Proceedings for an offence against section 69 or 69A must be commenced not later than 12 months after evidence of the alleged offence first came to the attention of a member of the staff of the Corporation or the Department.
If proceedings for an offence against section 69 or 69A are commenced later than 12 months after the offence was alleged to have been committed, the court attendance notice or application must contain particulars of the date on which evidence of the offence first came to the attention of a member of the staff of the Corporation or the Department.
In proceedings for an offence against section 69 or 69A, the court attendance notice or application is proof, in the absence of proof to the contrary, of the date on which evidence of the offence first came to the attention of a member of the staff of the Corporation or the Department.
This Act’s bill:Explanatory memorandumSecond reading speech
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