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] 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) 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] The Minister responsible for administering the Consumer Affairs Act 1988 may declare, by order published in the Gazette, an Act to be an Act to which subsection (1)(b) applies.

(1B)  [Section 26 Subsection (1B) inserted by No. 7 of 2004, Sched. 1, Applied:01 Aug 2004] An order under subsection (1A) is a statutory rule within the meaning of the Rules Publication Act 1953 .

(2)  *[Section 26 Subsection (2) inserted by No. 71 of 1993, s. 4 ]*Notwithstanding subsection (1) , 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.