Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 123V

123V Proceedings for offences

(1) A proceeding for an offence against a transport Act is a summary proceeding under the Justices Act 1886 .

(2) If the proceeding is for an offence against section 92 (1) in relation to an incident that happened after the commencement of this subsection, the proceeding must start within 5 years after the offence was committed.

(3) If the proceeding is for an offence involving a heavy vehicle, a dangerous goods vehicle or the transport of dangerous goods, other than an offence that may be started as mentioned in subsection (2) , the proceeding must start—

(a) within 2 years after the offence was committed; or

(b) within 1 year after the offence comes to the complainant’s knowledge, but within 3 years after the offence was committed.

(4) If the proceeding is for an offence other than an offence that may be started as mentioned in subsection (2) or (3) , the proceeding must start—

(a) within 1 year after the offence was committed; or

(b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.

(5) A statement in a complaint for an offence against a transport Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.

(6) In this section—

"transport Act" does not include the Tow Truck Act 2023 .