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Work Health and Safety Act 2011
232Limitation period for prosecutions
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232 Limitation period for prosecutions
(1) A proceeding for an offence against this Act may be brought within
the latest of the following periods:
(a) within 2 years after the offence first comes to the notice of the
regulator;
(b) within 1 year after a coronial report was made or a coronial
inquiry or inquest ended, if it appeared from the report or the
proceeding at the inquiry or inquest that an offence had been
committed against this Act;
(c) if a WHS undertaking has been given in relation to the
offence—within 6 months after—
(i) the WHS undertaking is contravened; or
(ii) it comes to the notice of the regulator that the
WHS undertaking has been contravened; or
(iii) the regulator has agreed under section 221 (Withdrawal or
variation of WHS undertaking) to the withdrawal of the
WHS undertaking.
(2) A proceeding for an offence may be brought after the end of the
applicable limitation period in subsection (1) with the leave of the
court.
(3) The court may grant leave under subsection (2) only if satisfied that
it is in the interests of justice.
(4) This section does not apply to a proceeding for an industrial
manslaughter offence.