26Limitation on summary proceedings

### 26 Limitation on summary proceedings > > (1)  [*\[Section 26 Subsection (1) substituted by No. 7 of 2004, Sched. 1, Applied:01 Aug 2004\]*](/view/html/inforce/2004-08-01/act-2004-007#JS1@Ja3@GC1@EN) In the case of a simple offence that is not an indictable offence, or of a breach of duty, unless some other time is limited for making complaint by the law relating to the particular case, complaint must be made – > > > > > > (a) within 6 months from the time when the matter of complaint arose; or > > > > > > > (b) against a provision of an Act that has been declared in accordance with [subsection (1A)](#GS26@Gs1A@EN) to be an Act to which this paragraph applies – > > > > > > > > > > (i) within 3 years from the time when the matter of complaint arose; and > > > > > > > > > > > (ii) within 6 months from the time when the matter of complaint came to the attention of the Director of Consumer Affairs and Fair Trading. > > > (1A)  [*\[Section 26 Subsection (1A) inserted by No. 7 of 2004, Sched. 1, Applied:01 Aug 2004\]*](/view/html/inforce/2004-08-01/act-2004-007#JS1@Ja3@GC1@EN) The Minister responsible for administering the [Consumer Affairs Act 1988](/view/html/inforce/2026-04-12/act-1988-053) may declare, by order published in the *Gazette*, an Act to be an Act to which [subsection (1)(b)](#GS26@Gs1@Hpb@EN) applies. > > > (1B)  [*\[Section 26 Subsection (1B) inserted by No. 7 of 2004, Sched. 1, Applied:01 Aug 2004\]*](/view/html/inforce/2004-08-01/act-2004-007#JS1@Ja3@GC1@EN) An order under [subsection (1A)](#GS26@Gs1A@EN) is a statutory rule within the meaning of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) . > > > (2)  *\[Section 26 Subsection (2) inserted by No. 71 of 1993, s. 4 \]*Notwithstanding [subsection (1)](#GS26@Gs1@EN) , a complaint for a simple offence (not being an indictable offence) may be made against a person within 12 months after the time when the matter of complaint arose if – > > > > > > (a) that matter of complaint may also give rise to an indictable offence; and > > > > > > > (b) the person has been charged with that indictable offence within the period of 6 months, or the other time referred to in that subsection. > > > (3)  *\[Section 26 Subsection (3) inserted by No. 71 of 1993, s. 4 \]*Notwithstanding [subsections (1)](#GS26@Gs1@EN) and [(2)](#GS26@Gs2@EN) , a complaint for a simple offence (not being an indictable offence) may be made against a person at any time if – > > > > > > (a) the matter of complaint giving rise to a simple offence may also be a matter giving rise to an indictable offence; and > > > > > > > (b) the person has been charged with that indictable offence within the period of 6 months, or the other time, referred to in [subsection (1)](#GS26@Gs1@EN) ; and > > > > > > > (c) the person has consented in writing to the making of that complaint.