Authority may apply to Court for order setting aside immunity from prosecution
355 Authority may apply to Court for order setting aside immunity from prosecution
If the administering authority receives a program notice from a person, the authority may apply to the Court for an order that section 353(1) does not apply to the person for any continuation of the original offence.
The application must be made—
within 20 business days after the administering authority receives the program notice or the longer period the Court in special circumstances allows; and
by filing written notice of the application with the registrar of the Court and serving a copy of the application on the person; and
by complying with rules of court applicable to the application.
The making of the application does not stay the operation of section 353(1).
The procedure for the application is to be in accordance with the rules of court applicable to it or, if the rules make no provision or insufficient provision, in accordance with directions of the judge.
This Act’s bill:Explanatory memorandum
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