New South Wales Consolidated Acts

HERITAGE ACT 1977 - SECT 158A

158A Time within which proceedings for offences to be brought

(1) Proceedings for an offence against this Act or the regulations may be commenced within, but not later than, 12 months after the date of the alleged commission of the offence.

(2) Proceedings for an offence against this Act or the regulations may also be commenced within, but not later than, 12 months after the date on which evidence of the alleged offence first came to the attention of an authorised person.

(3) If subsection (2) is relied on for the purpose of commencing proceedings for an offence, the information must contain particulars of the date on which evidence of the alleged offence first came to the attention of an authorised person and need not contain particulars of the date on which the offence was committed.

(4) The date on which evidence first came to the attention of an authorised person is the date specified in the information, unless the contrary is established.

(5) This section applies despite anything in the Justices Act 1902 or any other Act.

(6) In this section--

"authorised person" means a person authorised to exercise functions under section 148 (1).

"evidence" of an offence means evidence of any act or omission constituting the offence.