New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 72

72 Time within which summary proceedings may be commenced

(1) This section applies only to proceedings that are to be dealt with summarily.

(2) Proceedings for an offence under this Act or the regulations may be commenced:

(a) in the case of a prescribed offence-within but not later than 3 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.

(3) Proceedings for an offence under this Act or the regulations may also be commenced:

(a) in the case of a prescribed offence-within but not later than 3 years after the date on which evidence of the alleged offence first came to the attention of any relevant authorised officer, or

(b) in any other case-within but not later than 12 months after that date.

(4) If subsection (3) is relied on for the purpose of commencing proceedings for an offence, the information or application must contain particulars of the date on which evidence of the offence first came to the attention of any authorised officer and need not contain particulars of the date on which the offence was committed. The date on which evidence first came to the attention of any authorised officer is the date specified in the information or application, unless the contrary is established.

(5) This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.

(6) In this section:
"authorised officer" means any person who is an authorised officer for the purposes of this Act, whether or not the person has the functions of an authorised officer in connection with the offence concerned.
"evidence" of an offence means evidence of any act or omission constituting the offence.
"prescribed offence" means:

(a) an offence under Division 1 of Part 2, or

(b) an offence under section 45, or

(c) an offence under this Act that is declared by the regulations to be a prescribed offence for the purposes of this section.