GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38HA Commencement of certain prosecutions: time limit

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38HA

  (1)   A prosecution of an individual for an offence against a provision of this Part, the maximum penalty for which:

  (a)   does not include a term of imprisonment (otherwise than because of section   38HC, 38HD, 38HE or 38HF); or

  (b)   includes a term of imprisonment of 6 months or less;

may be commenced at any time within 2 years of the commission of the offence.

Note:   Subsection   (1) extends by a year the deadline that would otherwise apply to these offences under section   15B of the Crimes Act 1914 . For offences with a maximum penalty of more than 6 months' imprisonment, section   15B of that Act means that there is no deadline.

  (2)   A prosecution of a body corporate for an offence against a provision of this Part, the maximum penalty for which is a fine of 150 penalty units or less, may be commenced at any time within 2 years of commission of the offence.

Note:   Subsection   (2) extends by a year the deadline that would otherwise apply to these offences under section   15B of the Crimes Act 1914 . For offences with a maximum penalty of more than 150 penalty units, section   15B of that Act means that there is no deadline.

  (3)   In applying subsection   15B(1) of the Crimes Act 1914 to an offence against a provision of this Part, disregard the effect of sections   38HC, 38HD, 38HE and 38HF.