sec.186BLimitation period for prosecutions

### sec.186B Limitation period for prosecutions Proceedings for an offence against this Act may be taken within the latest of the following periods— within 2 years after the offence first comes to the notice of the WHS prosecutor; within 1 year after a coronial report was made or a coronial inquiry or inquest ended, if it appeared from the report or the proceedings at the inquiry or inquest that an offence had been committed against this Act; if an electrical safety undertaking has been given in relation to the offence, within 6 months after— the electrical safety undertaking is contravened; or it comes to the notice of the regulator that the electrical safety undertaking has been contravened; or the regulator has agreed under section 54 to the withdrawal of the electrical safety undertaking. A proceeding for a category 1 offence may be taken after the end of the applicable limitation period in subsection (1) if fresh evidence relevant to the offence is discovered and the court is satisfied that the evidence could not reasonably have been discovered within the relevant limitation period. Subsection (1) does not apply to a proceeding for an offence against part 2B . s 186B ins 2011 No. 18 s 386 amd 2017 No. 38 s 59 ; 2024 No. 44 s 29 (sec.186B-ssec.1) Proceedings for an offence against this Act may be taken within the latest of the following periods— within 2 years after the offence first comes to the notice of the WHS prosecutor; within 1 year after a coronial report was made or a coronial inquiry or inquest ended, if it appeared from the report or the proceedings at the inquiry or inquest that an offence had been committed against this Act; if an electrical safety undertaking has been given in relation to the offence, within 6 months after— the electrical safety undertaking is contravened; or it comes to the notice of the regulator that the electrical safety undertaking has been contravened; or the regulator has agreed under section 54 to the withdrawal of the electrical safety undertaking. (sec.186B-ssec.2) A proceeding for a category 1 offence may be taken after the end of the applicable limitation period in subsection (1) if fresh evidence relevant to the offence is discovered and the court is satisfied that the evidence could not reasonably have been discovered within the relevant limitation period. (sec.186B-ssec.3) Subsection (1) does not apply to a proceeding for an offence against part 2B . - (a) within 2 years after the offence first comes to the notice of the WHS prosecutor; - (b) within 1 year after a coronial report was made or a coronial inquiry or inquest ended, if it appeared from the report or the proceedings at the inquiry or inquest that an offence had been committed against this Act; - (c) if an electrical safety undertaking has been given in relation to the offence, within 6 months after— (i) the electrical safety undertaking is contravened; or (ii) it comes to the notice of the regulator that the electrical safety undertaking has been contravened; or (iii) the regulator has agreed under section 54 to the withdrawal of the electrical safety undertaking. - (i) the electrical safety undertaking is contravened; or - (ii) it comes to the notice of the regulator that the electrical safety undertaking has been contravened; or - (iii) the regulator has agreed under section 54 to the withdrawal of the electrical safety undertaking. - (i) the electrical safety undertaking is contravened; or - (ii) it comes to the notice of the regulator that the electrical safety undertaking has been contravened; or - (iii) the regulator has agreed under section 54 to the withdrawal of the electrical safety undertaking.