Personal Injuries Proceedings Act 2002

A proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 before a magistrate on the complaint of—

the Attorney-General; or

a person authorised by the Attorney-General to take the proceeding; or

if the proceeding is for an offence against part 1 or a claim farming provision, the commissioner or a person authorised by the commissioner.

A proceeding, other than a proceeding for an offence against a claim farming provision, must start—

within 1 year after the commission of the offence; or

within 6 months after the commission of the offence comes to the knowledge of the complainant, but not later than 2 years after the commission of the offence.

A proceeding for an offence against a claim farming provision must start within the later of—

2 years after the commission of the offence; or

6 months after the commission of the offence comes to the knowledge of the complainant.

A statement in a complaint that—

the complainant is authorised by the Attorney-General to take the proceeding; or

the commission of the alleged offence came to the knowledge of the complainant on a particular date;

Proof of an authorisation by the commissioner or Attorney-General under subsection (1)(b) or (c) is not required in a proceeding unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the authorisation at least 10 business days before the hearing date.

The notice must be in the form approved by the commissioner or Attorney-General.

In this section—

chapter 2, part 1, division 1AA;

section 9B, 9C or 13A;

chapter 2, part 4;

chapter 3, part 2.