43Time for commencing proceedings

43 Time for commencing proceedings

43 Time for commencing proceedings

(1) Proceedings for an offence under this Act or the regulations may be commenced not later than 12 months after the offence was alleged to have been committed.

(2) Proceedings for an offence under this Act or the regulations may also be commenced within, but not later than, 12 months after Dams Safety NSW or the Secretary became aware of the alleged offence.

(3) If subsection (2) is relied on for the purpose of commencing proceedings for an offence, the court attendance notice must contain particulars of the date on which evidence of the alleged offence first came to the attention of Dams Safety NSW or the Secretary and need not contain particulars of the date on which the offence was alleged to have been committed.

(4) The date on which evidence first came to the attention of Dams Safety NSW or the Secretary is the date specified in the court attendance notice, unless the contrary is established.

(5) This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.

(6) In this section—

evidence of an offence means evidence of any act or omission constituting the offence.