Limitation period for prosecutions
232 Limitation period for prosecutions
Proceedings for an offence against this Act may be brought within the latest of the following periods to occur:
within
2 years after the offence first comes to the notice of the regulator;
within
1 year after a coronial report was made or a coronial inquiry or inquest ended, if it appeared from the report or the proceedings at the inquiry or inquest that an offence had been committed against this Act;
if a matter has been referred to the Director of Public Prosecutions under section 231(3)(b), within 1 month after the Director provides the regulator with advice under section 231(4) as to whether the Director considers that a prosecution should be brought;
if a WHS undertaking has been given in relation to the offence, within
6 months after—
the
WHS undertaking is contravened; or
it comes to the notice of the regulator that the WHS undertaking has been contravened; or
the regulator has agreed under section 221 to the withdrawal of the WHS undertaking.
A proceeding for a Category 1 offence may be brought after the end of the applicable limitation period in subsection (1) if fresh evidence relevant to the offence is discovered and the court is satisfied that the evidence could not reasonably have been discovered within the relevant limitation period.
This section does not apply to proceedings for an industrial manslaughter offence.
This Act’s bill:Second reading speech
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