New South Wales Repealed Acts

This legislation has been repealed.

THREATENED SPECIES CONSERVATION ACT 1995 - SECT 153

153 Time within which proceedings may be commenced

(1) Proceedings for an offence under this Act or the regulations may be commenced:

(a) within but not later than 2 years after the date on which the offence is alleged to have been committed, or

(b) within but not later than 2 years after the date on which evidence of the alleged offence first came to the attention of any authorised officer (within the meaning of the NPW Act).

(2) If subsection (1) (b) is relied on for the purpose of commencing proceedings for an offence, the court attendance notice, summons or application must contain particulars of the date on which evidence of the offence first came to the attention of an authorised officer and need not contain particulars of the date on which the offence was committed. The date on which evidence first came to the attention of an authorised officer is the date specified in the court attendance notice, summons or application, unless the contrary is established.

(3) This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.

(4) In this section,
"evidence" of an offence means evidence of any act or omission constituting the offence.