Time for commencing prosecution
39A Time for commencing prosecution
A prosecution under this
Act must be commenced:
within 2 years after the day on which the Authority becomes aware of the commission of the alleged offence; or
within any further time the court allows.
The court may allow further time if it considers the delay was justified in all the circumstances, including the following:
the remoteness of the location where the offence is alleged to have occurred;
the infrequency or irregularity of visits to that location;
any inability to visit that location because of Aboriginal tradition;
any difficulties in identifying or locating the alleged offender and any witnesses to the alleged offence.
Part IVA Enforceable undertakings
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.