Western Australian Current Acts Western Australian Current Acts (1) Proceedings for an
offence against this Act, other than industrial manslaughter, 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;
(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) Proceedings 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) Subsections (4)
and (5) apply to proceedings (the relevant proceedings ) against a person for
a Category 1 offence, a Category 2 offence or a Category 3 offence in relation
to any conduct (the relevant conduct ).
(4) The relevant
proceedings may be brought after the end of the applicable limitation period
in subsection (1) if —
(a)
either —
(i)
the DPP has considered whether proceedings for industrial
manslaughter should be brought against the person in relation to the relevant
conduct or to any conduct that includes the relevant conduct, and has decided
not to bring those proceedings; or
(ii)
the DPP has discontinued proceedings for industrial
manslaughter against the person in relation to the relevant conduct or to any
conduct that includes the relevant conduct;
and
(b) the
relevant proceedings are brought no later than 6 months after the day on which
the DPP made that decision or discontinued those proceedings.
(5) Despite
section 230(1), the relevant proceedings may only be brought under subsection
(4) by an authorised officer (as defined in the Criminal Procedure Act 2004
section 80(1)).
(6) A person may be
convicted of an offence as provided for by section 30A(2) or (4) despite
subsection (1) and section 10A(2) of The Criminal Code .