AustLII Tasmanian Consolidated Acts

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JUSTICES ACT 1959 - SECT 26

PART VI - General Procedure 26. Limitation on summary proceedings

      (1) In the case of a simple offence that is not an indictable offence, or of a breach of duty, unless some other time is limited for making complaint by the law relating to the particular case, complaint must be made –

(a) within 6 months from the time when the matter of complaint arose; or

(b) against a provision of an Act that has been declared in accordance with subsection (1A) to be an Act to which this paragraph applies –

(i) within 3 years from the time when the matter of complaint arose; and

(ii) within 6 months from the time when the matter of complaint came to the attention of the Director of Consumer Affairs and Fair Trading.

      (1A) The Minister responsible for administering the Consumer Affairs Act 1988 may declare, by order published in the Gazette, an Act to be an Act to which subsection (1)(b) applies.

      (1B) An order under subsection (1A) is a statutory rule within the meaning of the Rules Publication Act 1953.

      (2) Notwithstanding subsection (1), a complaint for a simple offence (not being an indictable offence) may be made against a person within 12 months after the time when the matter of complaint arose if –

(a) that matter of complaint may also give rise to an indictable offence; and

(b) the person has been charged with that indictable offence within the period of 6 months, or the other time referred to in that subsection.

      (3) Notwithstanding subsections (1) and (2), a complaint for a simple offence (not being an indictable offence) may be made against a person at any time if –

(a) the matter of complaint giving rise to a simple offence may also be a matter giving rise to an indictable offence; and

(b) the person has been charged with that indictable offence within the period of 6 months, or the other time, referred to in subsection (1); and

(c) the person has consented in writing to the making of that complaint.



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