New South Wales Consolidated Acts

FINES ACT 1996 - SECT 37A

37A Extension of time limit for taking proceedings if person has elected to have penalty notice matter dealt with by court

(1) This section applies to proceedings for a summary offence that has an applicable limitation period (apart from this section) of less than 12 months if--

(a) a penalty notice in relation to the offence has been issued to a person within that applicable limitation period, and

(b) the person has duly elected, in accordance with this Part, to have the matter dealt with by a court.

(2) Proceedings relating to that offence may, despite the applicable limitation period, be commenced not later than 12 months from when the offence was alleged to have been committed.

Note--: An election to have a penalty notice matter dealt with by a court must be made in accordance with section 23A or 36 (as applicable).

(3) Subsection (2) does not affect the operation of section 179 of the Criminal Procedure Act 1986 in relation to the commencement in any other circumstances of proceedings for an offence.