sec.123VProceedings for offences

### sec.123V Proceedings for offences A proceeding for an offence against a transport Act is a summary proceeding under the Justices Act 1886 . If the proceeding is for an offence against section 92 (1) in relation to an incident that happened after the commencement of this subsection, the proceeding must start within 5 years after the offence was committed. If the proceeding is for an offence involving a heavy vehicle, a dangerous goods vehicle or the transport of dangerous goods, other than an offence that may be started as mentioned in subsection (2) , the proceeding must start— within 2 years after the offence was committed; or within 1 year after the offence comes to the complainant’s knowledge, but within 3 years after the offence was committed. If the proceeding is for an offence other than an offence that may be started as mentioned in subsection (2) or (3) , the proceeding must start— within 1 year after the offence was committed; or within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed. A statement in a complaint for an offence against a transport Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge. In this section— transport Act does not include the Tow Truck Act 2023 . s 123V (prev s 62) amd 2007 No. 6 s 50 ; 2007 No. 43 ss 68 , 78 ; 2008 No. 67 s 81 ; 2014 No. 43 s 79 reloc and renum 2019 No. 25 s 85 amd 2023 No. 28 s 208 (sec.123V-ssec.1) A proceeding for an offence against a transport Act is a summary proceeding under the Justices Act 1886 . (sec.123V-ssec.2) If the proceeding is for an offence against section 92 (1) in relation to an incident that happened after the commencement of this subsection, the proceeding must start within 5 years after the offence was committed. (sec.123V-ssec.3) If the proceeding is for an offence involving a heavy vehicle, a dangerous goods vehicle or the transport of dangerous goods, other than an offence that may be started as mentioned in subsection (2) , the proceeding must start— within 2 years after the offence was committed; or within 1 year after the offence comes to the complainant’s knowledge, but within 3 years after the offence was committed. (sec.123V-ssec.4) If the proceeding is for an offence other than an offence that may be started as mentioned in subsection (2) or (3) , the proceeding must start— within 1 year after the offence was committed; or within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed. (sec.123V-ssec.5) A statement in a complaint for an offence against a transport Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge. (sec.123V-ssec.6) In this section— transport Act does not include the Tow Truck Act 2023 . - (a) within 2 years after the offence was committed; or - (b) within 1 year after the offence comes to the complainant’s knowledge, but within 3 years after the offence was committed. - (a) within 1 year after the offence was committed; or - (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.