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s 117ABG

Time for commencing proceedings under this Division

In force
Part VACivil enforcement, penalties and other proceedings
Division 1Injunctions and other orders

117ABG Time for commencing proceedings under this Division

(1) A proceeding under this Division may be commenced by the Minister or the CEO at any time within 12 months after the date of the alleged act or omission that contravenes or may contravene this Act.

(2) A proceeding under this Division may be commenced by a person referred to in section 117AA(1)(c), (d), (e) or (f) at any time within 6 months after the date of the alleged act or omission that contravenes or may contravene this Act.

(3) The Supreme Court may, on application, extend the time specified in subsection (1) or (2).

(4) An application under subsection (3) may be commenced before or after the end of the time specified in subsection (1) or (2).

(5) In considering an application under subsection (3), the Supreme Court must consider the following if the information is available:

(a)

when the alleged contravention occurred;

(b) whether the impact of the alleged contravention ought to have been discovered by the applicant if the applicant had exercised due diligence in finding the impact and whether the applicant exercised that due diligence;

(c) whether extending the time would prejudice the proposed respondent's ability to maintain a defence to the proceeding on the merits;

(d) any other criteria the Court considers relevant.

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