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Work Health and Safety (National Uniform Legislation) Act 2011
232Limitation period for prosecutions
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232 Limitation period for prosecutions
(1) Proceedings for an offence against this Act may be brought within
the latest of the following periods to occur:
(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
proceedings 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 to the
withdrawal of the WHS undertaking.
(2) A proceeding for a Category 1 offence may be brought after the end
of the applicable limitation period in subsection (1) if fresh evidence
relevant to the offence is discovered and the court is satisfied that
the evidence could not reasonably have been discovered within the
relevant limitation period.