New South Wales Repealed Acts

This legislation has been repealed.

OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - SECT 107

107 Time for instituting proceedings for offences

(1) Proceedings for an offence against this Act or the regulations may be instituted within the period of 2 years after the act or omission alleged to constitute the offence, except as otherwise provided by this section or section 107A.

(2) This subsection applies to an offence against section 11 (Duties of designers, manufacturers and suppliers of plant and substances for use at work) or section 86 (Notification of incidents). Proceedings for any such offence may be instituted:

(a) within 6 months after WorkCover first becomes aware of the act or omission alleged to constitute the offence, or

(b) within 2 years after the act or omission alleged to constitute the offence,

whichever provides the longer period to institute proceedings.

(3) If a coronial inquest or inquiry is held and it appears from the coroner's report or proceedings at the inquest or inquiry that an offence has been committed against this Act or the regulations (whether or not the offender is identified), proceedings in respect of that offence may be instituted within 2 years after the date the report was made or the inquest or inquiry was concluded.

(4) This section applies despite anything in any other Act.