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CONTAMINATED SITES ACT 2003 - SECT 85

CONTAMINATED SITES ACT 2003 - SECT 85

85 .         Time for bringing prosecutions

        (1)         A prosecution for an offence under this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed.

        (2)         Despite subsection (1), if a prosecution notice alleging an offence under this Act specifies the day on which evidence of the alleged offence first came to the attention of a person authorised to institute the prosecution under section 84

            (a)         the prosecution may be commenced within 24 months after that day; and

            (b)         the prosecution notice need not contain particulars of the day on which the offence is alleged to have been committed.

        (3)         The day on which evidence first came to the attention of a person authorised to institute a prosecution under section 84 is the day specified in the prosecution notice, unless the contrary is shown.

        [Section 85 amended: No. 59 of 2004 s. 141; No. 84 of 2004 s. 80.]