Prosecutions
44 Prosecutions
Proceedings for an offence against this Act must be commenced—
in the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure
Act 1921;
in any other case—within 2 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 5 years of that date.
A prosecution for an offence against this Act cannot be commenced except by—
the Commissioner; or
an authorised officer under the Fair Trading
Act 1987; or
a person who has the consent of the Minister to commence the prosecution; or
a police officer.
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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