MINING ACT 1992 - SECT 378I
Time within which summary proceedings may be commenced
MINING ACT 1992 - SECT 378I
Time within which summary proceedings may be commenced
378I Time within which summary proceedings may be commenced
(1) Proceedings
for an offence under this Act or the regulations may be commenced--
(a) in the
case of an offence under section 5, 6, 12B, 12C, 12D, 240C, 246R, 248S, 291,
378A, 378D, 378F or 378FA--within but not later than 3 years after the date on
which the offence is alleged to have been committed, or
(a1) in the case of
an offence under section 378C--within but not later than 2 years after the
date on which the offence is alleged to have been committed, or
(b) in any
other case--within but not later than 12 months after that date.
(2)
Proceedings for an offence under this Act or the regulations may also be
commenced--
(a) in the case of an offence under section 5, 6, 12B, 12C, 12D,
240C, 246R, 248S, 291, 378A, 378D, 378F or 378FA--within but not later than 3
years after the date on which evidence of the alleged offence first came to
the attention of an inspector, or
(a1) in the case of an offence under
section 378C--within but not later than 2 years after the date on which
evidence of the alleged offence first came to the attention of an inspector,
or
(b) in any other case--within but not later than 12 months after that
date.
(3) If subsection (2) is relied on for the purpose of commencing
proceedings for an offence, the court attendance notice or application must
contain particulars of the date on which evidence of the offence first came to
the attention of an inspector and need not contain particulars of the date on
which the offence was committed.
(4) The date on which evidence first came to
the attention of an inspector is the date specified in the court attendance
notice or application, unless the contrary is established.
(5) This section
applies only to proceedings that are to be dealt with summarily.
