35Time for commencing prosecutions

#### 35 Time for commencing prosecutions 35 Time for commencing prosecutions > > (1) A prosecution for an offence under section 28 or 29 must not be commenced in respect of a refusal or failure by a person to produce a document or thing or answer a question— > > > > > (a) if the person has claimed to be entitled to refuse to produce the document or thing or answer the question, and the Commission decides that, in its opinion, the claim is not justified—until the expiration of the period of 5 days (excluding days on which the appropriate Registry of the Supreme Court is closed) immediately after the Commission has notified the person of the decision, or > > > > > (b) if the person has made an application to the Supreme Court under this Division for review of such a decision of the Commission—until the application and any appeal from an order made by the Supreme Court on the application have been determined or otherwise disposed of. > > > (2) A prosecution for an offence under section 25 (2) must not be commenced in respect of a refusal or failure by a person to take an oath or affirmation, to answer a question or to produce a document or thing— > > > > > (a) if the person has claimed to be entitled to refuse to take an oath or affirmation, answer the question or produce the document or thing, and the Commission decides that, in its opinion, the claim is not justified—until the expiration of the period of 5 days (excluding days on which the appropriate Registry of the Supreme Court is closed) immediately after the Commission has notified the person of the decision, or > > > > > (b) if the person has made an application to the Supreme Court under this Division for a review of such a decision of the Commission—until the application and any appeal from an order made by the Supreme Court on the application have been determined or otherwise disposed of. > > **s 35:** Am 2014 No 82, Sch 2 \[4\].