39Extended period for commencing proceeding for offence

39 Extended period for commencing proceeding for offence S. 39(1) amended by No. 29/2016 s. 24(1). (1) If an enforcement agency withdraws an infringement notice and commences a proceeding for the alleged offence by filing a charge-sheet under section 38(1)(a)(iii), the period during which a proceeding for that alleged offence may be commenced is extended by 6 months after the date of service by the Director under section 37(2)(b) of enforcement cancellation. S. 39(1A) inserted by No. 29/2016 s. 24(2). (1A) If the Director serves an enforcement cancellation in circumstances referred to in section 38(2), the period during which a proceeding for the alleged offence may be commenced by filing a charge-sheet is extended by 6 months after the date of that service. S. 39(2) amended by No. 29/2016 s. 24(3). (2) Subsections (1) and (1A) have effect despite section 7(1) of the **Criminal Procedure Act 2009** or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed. S. 40 amended by No. 29/2016 s. 25, substituted by No. 59/2017 s. 76.