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s 40

Prosecutions

In force
Part 6Miscellaneous

40 Prosecutions

(1)

Proceedings for a summary offence against this Act must be commenced—

(a)

in the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure

Act 1921;

(b)

in any other case—within 5 years of the date on which the offence is alleged to have been committed or, with the authorisation of the

Minister, at a later time within 7 years of that date.

(2)

A prosecution for an offence against this Act cannot be commenced except by—

(a)

the Commissioner; or

(b)

an authorised officer under the Fair Trading

Act 1987; or

(c)

a person who has the consent of the Minister to commence the prosecution.

(3)

In any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.

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