QLDIn ForceAct
Public Safety Preservation Act 1986
sec.47AProceedings for offences
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### sec.47A Proceedings for offences
An offence against this Act, other than against section 8AG (6) , 8AH (3) , 8AI (3) or 8AJ (4) , is a summary offence.
An offence against section 8AG (6) , 8AH (3) , 8AI (3) or 8AJ (4) is a crime.
Despite the Justices Act 1886 , section 52 (1) , a proceeding for an offence against section 8AG (1) , 8AH (1) , 8AI (1) or 8AJ (1) may be started within 2 years after the matter of complaint arose if—
in relation to the matter of complaint—
for a proceeding for an offence against section 8AG (1) —a proceeding was previously started for an offence against section 8AG (6) ; or
for a proceeding for an offence against section 8AH (1) —a proceeding was previously started for an offence against section 8AH (3) ; or
for a proceeding for an offence against section 8AI (1) —a proceeding was previously started for an offence against section 8AI (3) ; or
for a proceeding for an offence against section 8AJ (1) —a proceeding was previously started for an offence against section 8AJ (4) ; and
the proceeding has been discontinued, or is to be discontinued, by the Attorney-General or the director of public prosecutions.
s 47A ins 2016 No. 42 s 55
(sec.47A-ssec.1) An offence against this Act, other than against section 8AG (6) , 8AH (3) , 8AI (3) or 8AJ (4) , is a summary offence. An offence against section 8AG (6) , 8AH (3) , 8AI (3) or 8AJ (4) is a crime.
(sec.47A-ssec.2) Despite the Justices Act 1886 , section 52 (1) , a proceeding for an offence against section 8AG (1) , 8AH (1) , 8AI (1) or 8AJ (1) may be started within 2 years after the matter of complaint arose if— in relation to the matter of complaint— for a proceeding for an offence against section 8AG (1) —a proceeding was previously started for an offence against section 8AG (6) ; or for a proceeding for an offence against section 8AH (1) —a proceeding was previously started for an offence against section 8AH (3) ; or for a proceeding for an offence against section 8AI (1) —a proceeding was previously started for an offence against section 8AI (3) ; or for a proceeding for an offence against section 8AJ (1) —a proceeding was previously started for an offence against section 8AJ (4) ; and the proceeding has been discontinued, or is to be discontinued, by the Attorney-General or the director of public prosecutions.
- (a) in relation to the matter of complaint— (i) for a proceeding for an offence against section 8AG (1) —a proceeding was previously started for an offence against section 8AG (6) ; or (ii) for a proceeding for an offence against section 8AH (1) —a proceeding was previously started for an offence against section 8AH (3) ; or (iii) for a proceeding for an offence against section 8AI (1) —a proceeding was previously started for an offence against section 8AI (3) ; or (iv) for a proceeding for an offence against section 8AJ (1) —a proceeding was previously started for an offence against section 8AJ (4) ; and
- (i) for a proceeding for an offence against section 8AG (1) —a proceeding was previously started for an offence against section 8AG (6) ; or
- (ii) for a proceeding for an offence against section 8AH (1) —a proceeding was previously started for an offence against section 8AH (3) ; or
- (iii) for a proceeding for an offence against section 8AI (1) —a proceeding was previously started for an offence against section 8AI (3) ; or
- (iv) for a proceeding for an offence against section 8AJ (1) —a proceeding was previously started for an offence against section 8AJ (4) ; and
- (b) the proceeding has been discontinued, or is to be discontinued, by the Attorney-General or the director of public prosecutions.
- (i) for a proceeding for an offence against section 8AG (1) —a proceeding was previously started for an offence against section 8AG (6) ; or
- (ii) for a proceeding for an offence against section 8AH (1) —a proceeding was previously started for an offence against section 8AH (3) ; or
- (iii) for a proceeding for an offence against section 8AI (1) —a proceeding was previously started for an offence against section 8AI (3) ; or
- (iv) for a proceeding for an offence against section 8AJ (1) —a proceeding was previously started for an offence against section 8AJ (4) ; and