South Australian Numbered Acts

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ENVIRONMENT PROTECTION (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 21 OF 2005) - SECT 71

71—Substitution of section 125

Section 125—delete the section and substitute:

125—Notice of defences

        (1)         A person who, in criminal proceedings, intends to rely on the general defence under this Part or any other defence under this Act may only do so if the person gives notice in writing of that intention—

            (a)         if the proceedings are for a summary offence and have been commenced by an authorised officer appointed by a council—to the council; or

            (b)         in any other case—to the Authority.

        (2)         A notice under subsection (1) must be given—

            (a)         if the proceedings are for a summary offence—within 28 days after the summons to answer the charge is served on the person; or

            (b)         if the proceedings are for a minor indictable offence where the charge is to be dealt with in the same way as a charge of a summary offence—not less than 28 days before the date for hearing of the charge; or

            (c)         in any other case—within seven days after the person is committed for trial.



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