Australian Capital Territory Current Acts

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LEGISLATION ACT 2001 - SECT 192

When must prosecutions begin?

    (1)     A prosecution for the following offences against an ACT law may be begun at any time:

        (a)     an offence by an individual punishable by imprisonment for longer than 6 months;

        (b)     an offence by a corporation punishable by a prescribed fine;

Note     See s 161 for the fines that may be imposed on a corporation for offences punishable only by imprisonment.

        (c)     an aiding and abetting offence by an individual in relation to an offence by a corporation punishable by a prescribed fine.

    (2)     A prosecution for any other offence against an ACT law must be begun not later than—

        (a)     1 year after the day of commission of the offence; or

        (b)     if an ACT law provides for another period—that period.

    (3)     However, if a coroner's inquest or inquiry, or an inquiry under the Inquiries Act 1991

or the Royal Commissions Act 1991

, is held into a matter that discloses or is otherwise found to relate to an offence mentioned in subsection (2), a prosecution for the offence may be begun not later than 1 year after the day when—

        (a)     the coroner's report is made; or

        (b)     the report of the board of inquiry or royal commission is given to the Chief Minister.

    (4)     In this section:

"aiding and abetting offence" means an offence against the Criminal Code

, section 45 (Complicity and common purpose).

"prescribed fine", for an offence, means—

        (a)     if the penalty for the offence is expressed in penalty units—100 penalty units or more; or

        (b)     if the penalty for the offence is expressed as an amount of money—$50 000 or more.



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