Mining Act 1992

Proceedings for an offence under this Act or the regulations may be commenced—

in the case of an offence under section 5, 6, 12B, 12C, 12D, 240C, 246R, 248S, 291, 378A, 378D, 378F or 378FA—within but not later than 3 years after the date on which the offence is alleged to have been committed, or

in the case of an offence under section 378C—within but not later than 2 years after the date on which the offence is alleged to have been committed, or

in any other case—within but not later than 12 months after that date.

Proceedings for an offence under this Act or the regulations may also be commenced—

in the case of an offence under section 5, 6, 12B, 12C, 12D, 240C, 246R, 248S, 291, 378A, 378D, 378F or 378FA—within but not later than 3 years after the date on which evidence of the alleged offence first came to the attention of an inspector, or

in the case of an offence under section 378C—within but not later than 2 years after the date on which evidence of the alleged offence first came to the attention of an inspector, or

in any other case—within but not later than 12 months after that date.

If subsection (2) is relied on for the purpose of commencing proceedings for an offence, the court attendance notice or application must contain particulars of the date on which evidence of the offence first came to the attention of an inspector and need not contain particulars of the date on which the offence was committed.

The date on which evidence first came to the attention of an inspector is the date specified in the court attendance notice or application, unless the contrary is established.

This section applies only to proceedings that are to be dealt with summarily.

This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.

In this section—

evidence of an offence means evidence of any act or omission constituting the offence.