BUILDING ACT 1975 - SECT 326 Prosecution of offences against chapter 6 or section 246AP(2)

BUILDING ACT 1975 - SECT 326

326 Prosecution of offences against chapter 6 or section 246AP(2)

(1) For section 256(1), the commissioner for QBCC is taken to have knowledge of the commission of a relevant offence—

(a) if the offence came to the general manager’s knowledge; and

(b) when the offence came to the general manager’s knowledge.

(2) For section 256(2), a complaint made by the general manager is taken to be a complaint made by the commissioner for QBCC when the complaint was made.

(3) A prosecution for an offence against chapter 6 or section 246AP(2) started by the general manager but not concluded or dismissed before the transfer day, may be continued by the commissioner for QBCC.

(4) In this section—


"relevant offence" means an offence against this Act, chapter 6 or section 246AP(2) for which—

(a) the alleged date of commission of the offence was before the transfer day; and

(b) the prosecution for the offence had not yet started on the transfer day.