Time for commencing prosecution
39A Time for commencing prosecution
(1) A prosecution under this
Act must be commenced:
(a) within 2 years after the day on which the Authority becomes aware of the commission of the alleged offence; or
(b) within any further time the court allows.
(2) The court may allow further time if it considers the delay was justified in all the circumstances, including the following:
(a) the remoteness of the location where the offence is alleged to have occurred;
(b) the infrequency or irregularity of visits to that location;
(c) any inability to visit that location because of Aboriginal tradition;
(d) any difficulties in identifying or locating the alleged offender and any witnesses to the alleged offence.
This Act’s bill:Second reading speech
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