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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).]