South Australian Consolidated Acts

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NATIVE VEGETATION ACT 1991 - SECT 35

35—Proceedings for an offence

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

            (a)         within 4 years of the date on which the offence is alleged to have been committed; or

            (b)         in exceptional circumstances, with the authorisation of the Minister—within 6 years of the date on which the offence is alleged to have been committed.

        (3)         An apparently genuine document purporting to be under the hand of the Minister and to authorise the commencement of proceedings for an offence against this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.

        (4)         A penalty payable in respect of an offence against this Act must be paid into the Fund.

        (5)         An authorised officer cannot issue an expiation notice to a person alleged to have committed an offence against this Act unless the authorised officer has referred the matter to the Council and the Council has specifically authorised the issuing of the notice.



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