South Australian Current Acts

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LAND AGENTS ACT 1994 - SECT 61

61—Prosecutions

        (1)         Proceedings for an offence against this Act must be commenced—

            (a)         in the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921 ;

            (b)         in any other case—within 5 years of the date on which the offence is alleged to have been committed, whether the offence is alleged to have been committed before or after the commencement of this paragraph.

        (2)         A prosecution for an offence against this Act cannot be commenced except by—

            (a)         the Commissioner; or

            (b)         an authorised officer under the Fair Trading Act 1987 ; or

            (c)         a person who has the consent of the Minister to commence the prosecution.

        (3)         In any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.



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