South Australian Current Acts South Australian Current Acts232—Limitation period for prosecutions
(1) Proceedings for an
offence against this Act may be brought within the latest of the following
periods to occur:
(a)
within 2 years after the offence first comes to the notice of the regulator;
(b)
within 1 year after a coronial report was made or a coronial inquiry or
inquest ended, if it appeared from the report or the proceedings at the
inquiry or inquest that an offence had been committed against this Act;
(ba) if
a matter has been referred to the Director of Public Prosecutions under
section 231(3)(b), within 1 month after the Director provides the
regulator with advice under section 231(4) as to whether the Director
considers that a prosecution should be brought;
(c) if a
WHS undertaking has been given in relation to the offence, within
6 months after—
(i)
the WHS undertaking is contravened; or
(ii)
it comes to the notice of the regulator that the
WHS undertaking has been contravened; or
(iii)
the regulator has agreed under section 221 to the
withdrawal of the WHS undertaking.
(2) A proceeding for a
Category 1 offence may be brought after the end of the applicable
limitation period in subsection (1) if fresh evidence relevant to the
offence is discovered and the court is satisfied that the evidence could not
reasonably have been discovered within the relevant limitation period.
(3) This section does
not apply to proceedings for an industrial manslaughter offence.