Proceedings for offences
11.9 Proceedings for offences
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.
Proceedings for an offence under this Act or the regulations may be commenced—
in the case of a prescribed offence—within 2 years after the date on which evidence of the alleged offence first came to the attention of the Authority, or
in any other case—within 12 months after the date of the alleged commission of the offence.
Note.
Proceedings for a camera record offence for driving an uninsured vehicle in contravention of section 2.1 of this Act may also only be commenced within 12 months of the offence—see section 201 of the Road Transport Act 2013.
If subsection (2) (a) 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 the Authority 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 the Authority is the date specified in the court attendance notice or application, unless the contrary is established.
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.
prescribed offence means—
an offence against any provision of Part 3, 6 or 9, and
an offence against this Act or the regulations that is declared by the regulations to be a prescribed offence for the purposes of this section.
This provision refers to the regulations (the regulations
, prescribed offence
, declared by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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