sec.133Limitation on time for starting summary proceeding

### sec.133 Limitation on time for starting summary proceeding A proceeding for a summary offence against this Act by way of summary proceeding under the Justices Act 1886 must start— within 1 year after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. If a Magistrates Court considers it just and equitable in the circumstances, the court may, at any time, extend a time set under subsection (1) . Without limiting subsection (2) , the matters the court may have regard to in deciding what is just and equitable include the following— the availability of evidence of the offence; the conduct of the defendant since the alleged offence; the prejudice the proposed extension of time is likely to cause the defendant; the adverse impact on a marine park’s environment or use and non-use values the alleged offence has caused, or is likely to cause, whether directly or indirectly. Subsection (2) — applies to an offence regardless of whether it was committed before or after the commencement of the subsection; and does not apply to an offence if the time for starting a proceeding for the offence had expired before the commencement of the subsection. (sec.133-ssec.1) A proceeding for a summary offence against this Act by way of summary proceeding under the Justices Act 1886 must start— within 1 year after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. (sec.133-ssec.2) If a Magistrates Court considers it just and equitable in the circumstances, the court may, at any time, extend a time set under subsection (1) . (sec.133-ssec.3) Without limiting subsection (2) , the matters the court may have regard to in deciding what is just and equitable include the following— the availability of evidence of the offence; the conduct of the defendant since the alleged offence; the prejudice the proposed extension of time is likely to cause the defendant; the adverse impact on a marine park’s environment or use and non-use values the alleged offence has caused, or is likely to cause, whether directly or indirectly. (sec.133-ssec.4) Subsection (2) — applies to an offence regardless of whether it was committed before or after the commencement of the subsection; and does not apply to an offence if the time for starting a proceeding for the offence had expired before the commencement of the subsection. - (a) within 1 year after the commission of the offence; or - (b) within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. - (a) the availability of evidence of the offence; - (b) the conduct of the defendant since the alleged offence; - (c) the prejudice the proposed extension of time is likely to cause the defendant; - (d) the adverse impact on a marine park’s environment or use and non-use values the alleged offence has caused, or is likely to cause, whether directly or indirectly. - (a) applies to an offence regardless of whether it was committed before or after the commencement of the subsection; and - (b) does not apply to an offence if the time for starting a proceeding for the offence had expired before the commencement of the subsection.