South Australian Consolidated Acts

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LAND AND BUSINESS (SALE AND CONVEYANCING) ACT 1994 - SECT 40

40—Prosecutions

        (1)         Proceedings for a summary offence against this Act must be commenced—

            (a)         in the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921 ;

            (b)         in any other case—within two years of the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within five years of that date.

        (2)         A prosecution for an offence against this Act cannot be commenced except by—

            (a)         the Commissioner; or

            (b)         an authorised officer under the Fair Trading Act 1987 ; or

            (c)         a person who has the consent of the Minister to commence the prosecution.

        (3)         In any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.



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