Recommencement of terminated proceedings
26 Recommencement of terminated proceedings
Proceedings for an OHS offence that were terminated before the date of assent to the amending Act because they were not validly instituted may be recommenced whether or not the time for commencing the proceedings has expired if the proceedings would have been validly instituted if the amending Act had commenced before the proceedings were terminated.
Proceedings cannot be recommenced under this clause later than 6 months after the date of assent to the amending Act.
Terminated proceedings that were terminated in the District Court may be recommenced under this clause on the basis of the applications and other documents by which those proceedings were last commenced, and any thing done in the terminated proceedings (other than the termination of the proceedings) is taken to have been done in the recommenced proceedings.
In this clause—
OHS offence means an offence against a provision of the Occupational Health and Safety Act 2000 or the Occupational Health and Safety Regulation 2001.
proceedings includes purported proceedings.
terminated includes stayed, dismissed or not proceeded with for any other reason (including nullity).
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.