68Commencement of proceedings

#### 68 Commencement of proceedings 68 Commencement of proceedings > > (1) Proceedings for an offence against this Act or the regulations may be commenced at any time within the period of 2 years after the date on which the offence is alleged to have been committed. > > > (2) Proceedings for an offence against this Act or the regulations may also be commenced within the period of 2 years after the date evidence of the offence that is alleged to have been committed first came to the attention of an authorised officer. > > > (3) However, nothing in subsection (2) permits the commencement of proceedings if a period of 5 years or more has elapsed after the date on which the offence is alleged to have been committed. > > > (4) If subsection (2) is relied on for the purpose of commencing proceedings for an offence, the process commencing proceedings for the offence must contain particulars of the date on which evidence of the offence first came to the attention of an authorised officer and need not contain particulars of the date on which the offence was committed. The date on which evidence first came to the attention of an authorised officer is the date specified in the process commencing proceedings for the offence, unless the contrary is established. > > > (5) This section applies despite anything in the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) or any other Act. > > > (6) In this section— > > > > authorised officer means any person who is an authorised officer for the purposes of this Act, whether or not the person has the functions of an authorised officer in connection with the offence concerned. > > > > evidence of an offence means evidence of any act or omission constituting the offence. > > > > process commencing proceedings for an offence includes— > > > > > (a) in the case of proceedings for an offence commenced in the Local Court—a court attendance notice issued under the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) in respect of the person alleged to have committed the offence, and > > > > > (b) in the case of proceedings for an offence commenced in the Supreme Court in its summary jurisdiction—an application for an order under section 246 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) in respect of the person alleged to have committed the offence.