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s 105

Time for bringing prosecution

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Part 5Legal proceedings
Division 1Legal proceedings

105 Time for bringing prosecution

(1)

A prosecution for an offence under this Act must be commenced within 5 years after the date on which the offence is alleged to have been committed.

(2)

Despite subsection (1), if a prosecution notice alleging an offence under this Act specifies the day on which evidence of the alleged offence first came to the attention of a person authorised to institute the prosecution under section 104 —

(a)

the prosecution may be commenced within 5 years after that day; and

(b)

the prosecution notice need not contain particulars of the day on which the offence is alleged to have been committed.

(3)

The day on which evidence first came to the attention of a person authorised to institute a prosecution under section 104 is, in the absence of evidence to the contrary, the day specified in the prosecution notice.

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