120Commencement of prosecutions

120 Commencement of prosecutions S. 120(1) amended by Nos 57/1989 s. 3(Sch. item 203.2(a)(b)), 68/2009 s. 97(Sch. item 123.4), substituted by No. 18/2022 s. 37(2). (1) A charge-sheet charging an offence against— (a) this Act; or (b) the **Crimes Act 1958** which occurs in connection with a claim for compensation under this Act— may be filed by the Commission or by any person authorised by the Commission to file charge-sheets on behalf of the Commission. S. 120(1A) inserted by No. 84/1994 s. 43(3), amended by Nos 68/2009 s. 97(Sch. item 123.5), 37/2014 s. 10(Sch. item 170.4), 49/2019 s. 186(Sch. 4 item 42.2). (1A) A charge-sheet charging an offence against section 109 or 117C may also be filed by a police officer or the Secretary or an employee in the Department who is authorised to do so by the Secretary. S. 120(2) amended by No. 18/2022 s. 37(3). (2) Any prosecution commenced in the name of the Commission is deemed, in the absence of evidence to the contrary, to have been commenced by the authority of the Commission. S. 120(3) amended by No. 18/2022 s. 37(4). (3) A person referred to in subsection (1) may appear on behalf of the Commission in any proceedings for an offence referred to in that subsection. S. 120(4) inserted by No. 32/1988 s. 29, substituted by No. 71/2013 s. 28, amended by No. 18/2022 s. 37(5). (4) Despite any law to the contrary, proceedings may be commenced under section 116, 117 or 117C within 3 years after the alleged offence occurred.