sec.73AProceeding

### sec.73A Proceeding 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 Attorney-General; or a person authorised by the Attorney-General to take the proceeding; or if the proceeding is for an offence against part 1 or a claim farming provision, the commissioner or a person authorised by the commissioner. A proceeding, other than a proceeding for an offence against a claim farming provision, must start— within 1 year after the commission of the offence; or within 6 months after the commission of the offence comes to the knowledge of the complainant, but not later than 2 years after the commission of the offence. A proceeding for an offence against a claim farming provision must start within the later of— 2 years after the commission of the offence; or 6 months after the commission of the offence comes to the knowledge of the complainant. A statement in a complaint that— the complainant is authorised by 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 authorisation or when the offence came to the knowledge of the complainant. Proof of an authorisation by the commissioner or Attorney-General under subsection (1) (b) or (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 commissioner or Attorney-General. In this section— claim farming provision means each of the following provisions— chapter 2 , part 1 , division 1AA ; section 9B , 9C or 13A ; chapter 2 , part 4 ; chapter 3 , part 2 . s 73A ins 2003 No. 16 s 107 amd 2006 No. 24 s 16 ; 2022 Act 13 s 52 (sec.73A-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 Attorney-General; or a person authorised by the Attorney-General to take the proceeding; or if the proceeding is for an offence against part 1 or a claim farming provision, the commissioner or a person authorised by the commissioner. (sec.73A-ssec.2) A proceeding, other than a proceeding for an offence against a claim farming provision, must start— within 1 year after the commission of the offence; or within 6 months after the commission of the offence comes to the knowledge of the complainant, but not later than 2 years after the commission of the offence. (sec.73A-ssec.2A) A proceeding for an offence against a claim farming provision must start within the later of— 2 years after the commission of the offence; or 6 months after the commission of the offence comes to the knowledge of the complainant. (sec.73A-ssec.3) A statement in a complaint that— the complainant is authorised by 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 authorisation or when the offence came to the knowledge of the complainant. (sec.73A-ssec.4) Proof of an authorisation by the commissioner or Attorney-General under subsection (1) (b) or (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.73A-ssec.5) The notice must be in the form approved by the commissioner or Attorney-General. (sec.73A-ssec.6) In this section— claim farming provision means each of the following provisions— chapter 2 , part 1 , division 1AA ; section 9B , 9C or 13A ; chapter 2 , part 4 ; chapter 3 , part 2 . - (a) the Attorney-General; or - (b) a person authorised by the Attorney-General to take the proceeding; or - (c) if the proceeding is for an offence against part 1 or a claim farming provision, the commissioner or a person authorised by the commissioner. - (a) within 1 year after the commission of the offence; or - (b) within 6 months after the commission of the offence comes to the knowledge of the complainant, but not later than 2 years after the commission of the offence. - (a) 2 years after the commission of the offence; or - (b) 6 months after the commission of the offence comes to the knowledge of the complainant. - (a) the complainant is authorised by 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; - (a) chapter 2 , part 1 , division 1AA ; - (b) section 9B , 9C or 13A ; - (c) chapter 2 , part 4 ; - (d) chapter 3 , part 2 .