PESTICIDES ACT 1999 - SECT 72
Time within which summary proceedings may be commenced
PESTICIDES ACT 1999 - SECT 72
Time within which summary proceedings may be commenced
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.
"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.
