sec.68Summary proceedings for offences

### sec.68 Summary proceedings for offences A proceeding for an offence against this Act, or for a vegetation clearing offence, must be taken in a summary way under the Justices Act 1886 . Subject to subsection (4) , a proceeding for an offence against this Act must start— within 1 year after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed. Despite the Planning Act , and subject to subsection (4) , a proceeding for a vegetation clearing offence must start— within 1 year after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed. If a Magistrates Court considers it just and equitable in the circumstances, the court may, at any time, extend a time set under this section. Subsection (4) — applies to an offence regardless of whether it was committed before or after the commencement of the subsection; and does not apply to an offence if the time for starting a proceeding for the offence had expired before the commencement of the subsection. A vegetation clearing offence does not come to the complainant’s knowledge merely because the complainant receives a remotely sensed image that may provide evidence of the offence. s 68 amd 2003 No. 10 ss 73 , 76 sch (sec.68-ssec.1) A proceeding for an offence against this Act, or for a vegetation clearing offence, must be taken in a summary way under the Justices Act 1886 . (sec.68-ssec.2) Subject to subsection (4) , a proceeding for an offence against this Act must start— within 1 year after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed. (sec.68-ssec.3) Despite the Planning Act , and subject to subsection (4) , a proceeding for a vegetation clearing offence must start— within 1 year after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed. (sec.68-ssec.4) If a Magistrates Court considers it just and equitable in the circumstances, the court may, at any time, extend a time set under this section. (sec.68-ssec.5) Subsection (4) — applies to an offence regardless of whether it was committed before or after the commencement of the subsection; and does not apply to an offence if the time for starting a proceeding for the offence had expired before the commencement of the subsection. (sec.68-ssec.6) A vegetation clearing offence does not come to the complainant’s knowledge merely because the complainant receives a remotely sensed image that may provide evidence of the offence. - (a) within 1 year after the commission of the offence; or - (b) within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed. - (a) within 1 year after the commission of the offence; or - (b) within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed. - (a) applies to an offence regardless of whether it was committed before or after the commencement of the subsection; and - (b) does not apply to an offence if the time for starting a proceeding for the offence had expired before the commencement of the subsection.