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Mining and Quarrying Safety and Health Act 1999
sec.236Limitation on time for starting proceedings
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### sec.236 Limitation on time for starting proceedings
A proceeding for an offence against this Act must start within the latest of the following periods to end—
2 years after the offence first comes to the notice of the complainant;
if an enforceable undertaking has been given in relation to the offence, 6 months after the latest of the following to happen—
the enforceable undertaking is contravened;
it comes to the notice of the CEO that the enforceable undertaking has been contravened;
the CEO agrees under section 246Q to the withdrawal of the enforceable undertaking;
if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death.
Subsection (1) does not apply to a proceeding for an offence against part 3A .
s 236 amd 2009 No. 16 s 66 ; 2020 No. 14 s 160 ; 2024 No. 34 s 216
(sec.236-ssec.1) A proceeding for an offence against this Act must start within the latest of the following periods to end— 2 years after the offence first comes to the notice of the complainant; if an enforceable undertaking has been given in relation to the offence, 6 months after the latest of the following to happen— the enforceable undertaking is contravened; it comes to the notice of the CEO that the enforceable undertaking has been contravened; the CEO agrees under section 246Q to the withdrawal of the enforceable undertaking; if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death.
(sec.236-ssec.2) Subsection (1) does not apply to a proceeding for an offence against part 3A .
- (a) 2 years after the offence first comes to the notice of the complainant;
- (b) if an enforceable undertaking has been given in relation to the offence, 6 months after the latest of the following to happen— (i) the enforceable undertaking is contravened; (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened; (iii) the CEO agrees under section 246Q to the withdrawal of the enforceable undertaking;
- (i) the enforceable undertaking is contravened;
- (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened;
- (iii) the CEO agrees under section 246Q to the withdrawal of the enforceable undertaking;
- (c) if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death.
- (i) the enforceable undertaking is contravened;
- (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened;
- (iii) the CEO agrees under section 246Q to the withdrawal of the enforceable undertaking;