National Transport Commission (Model Legislation - Rail Safety Bill) Regulations 2006
121Period within which proceedings for offences may be commenced
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121 Period within which proceedings for offences may be commenced
(1) This section applies to an offence against a rail safety law, other than— (a) an offence prescribed by the regulations for the purposes of this section; (b) an offence in respect of which proceedings may only be commenced within a period of less than 2 years after its alleged commission. (2) Despite anything to the contrary in any other Act, proceedings for an offence against a rail safety law to which this section applies may be commenced within— (a) the period of 2 years after the commission of the alleged offence; or (b) a further period of one year commencing on the day on which the Rail Safety Regulator, a rail safety officer or a police officer first obtained evidence of the commission of the alleged offence considered reasonably sufficient by the Rail Safety Regulator or officer to warrant commencement proceedings. (3) For the purposes of sub‑section (2), a certificate purporting to have been issued by the Rail Safety Regulator, a rail safety officer or a police officer as to the date when the Rail Safety Regulator or officer first obtained evidence considered reasonably sufficient by the Rail Safety Regulator or officer to warrant commencing proceedings is admissible in any proceedings and is evidence of the matters stated.