sec.87WProceedings

### sec.87W Proceedings A proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 before a magistrate on the complaint of— the commissioner; or the Attorney-General; or a person authorised by the commissioner or the Attorney-General to take the proceeding. The proceeding must start— within 2 years after the commission of the offence; or within 6 months after the commission of the offence comes to the knowledge of the complainant; whichever is the later. A statement in a complaint that— the complainant is authorised by the commissioner or the Attorney-General to take the proceeding; or the commission of the alleged offence came to the knowledge of the complainant on a particular date; is evidence of the fact stated. Proof of an authorisation by the commissioner or the Attorney-General under subsection (1) (c) is not required in a proceeding unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the authorisation at least 10 business days before the hearing date. The notice must be in the form approved by the commission or transport administration. s 87W ins 2000 No. 17 s 40 amd 2018 No. 20 s 15 (sec.87W-ssec.1) A proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 before a magistrate on the complaint of— the commissioner; or the Attorney-General; or a person authorised by the commissioner or the Attorney-General to take the proceeding. (sec.87W-ssec.2) The proceeding must start— within 2 years after the commission of the offence; or within 6 months after the commission of the offence comes to the knowledge of the complainant; whichever is the later. (sec.87W-ssec.3) A statement in a complaint that— the complainant is authorised by the commissioner or the Attorney-General to take the proceeding; or the commission of the alleged offence came to the knowledge of the complainant on a particular date; is evidence of the fact stated. (sec.87W-ssec.4) Proof of an authorisation by the commissioner or the Attorney-General under subsection (1) (c) is not required in a proceeding unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the authorisation at least 10 business days before the hearing date. (sec.87W-ssec.5) The notice must be in the form approved by the commission or transport administration. - (a) the commissioner; or - (b) the Attorney-General; or - (c) a person authorised by the commissioner or the Attorney-General to take the proceeding. - (a) within 2 years after the commission of the offence; or - (b) within 6 months after the commission of the offence comes to the knowledge of the complainant; - (a) the complainant is authorised by the commissioner or the Attorney-General to take the proceeding; or - (b) the commission of the alleged offence came to the knowledge of the complainant on a particular date;