FISH RESOURCES MANAGEMENT ACT 1994 - SECT 201
FISH RESOURCES MANAGEMENT ACT 1994 - SECT 201
201 . Prosecutions, institution of etc.
(1) Proceedings for an
offence against this Act may be instituted by the CEO, a police officer, a
fisheries officer or any other person authorised in writing to do so by the
CEO.
(2) Proceedings for an
offence against this Act must be commenced —
(a) if
the offence is against a provision in Part 6, within 5 years after the offence
was committed; or
(b) in
any other case, within 2 years after the offence was committed.
(3) In any proceedings
for an offence against this Act, unless evidence is given to the contrary,
proof is not required —
(a) of
the authority of a person to institute proceedings for an offence against this
Act; or
(b) that
a signature on a prosecution notice is the signature of a person authorised to
institute proceedings for an offence against this Act.
(4) A fisheries
officer authorised for the purpose by the CEO may appear on behalf of the CEO
or any other officer of the Department in any proceedings under this Act in a
court of summary jurisdiction.
[Section 201 amended: No. 59 of 2004 s. 141; No.
84 of 2004 s. 80; No. 28 of 2006 s. 236(1).]